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10-25-2021 CC Agenda Packet1.CALL TO ORDER 2.ROLL CALL 3.OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4.CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. 4.A.REGULAR MEETING MINUTES OF OCTOBER 11, 2021. RECOMMENDATION: Approve as presented. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 AGENDA Regular City Council Meeting CITY COUNCIL Monday, October 25, 2021 CITY OF ROLLING HILLS 7:00 PM All Councilmembers will participate in-person wearing masks per Los Angeles County Health Department's Health Officer Order effective Saturday, July 17, 2021. The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. Both the agenda and the live-streamed video can be found here: https://www.rolling- hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published. Recordings to City Council meetings can be found here: https://cms5.revize.com/revize/rollinghillsca/government/agenda/index.php Next Resolution No. 1287 Next Ordinance No. 372 PLEDGE OF ALLEGIANCE 1 4.B.PAYMENT OF BILLS. RECOMMENDATION: Approve as presented. 4.C.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR SEPTEMBER 2021. RECOMMENDATION: Approve as presented. 4.D.APPROVE SOUTH BAY CHAMBER MUSIC SOCIETY'S REQUEST FOR AN ADDITIONAL $600 CONTRIBUTION FOR FISCAL YEAR 2021-2022. RECOMMENDATION: Approve as presented. 5.COMMISSION ITEMS 5.A.ZONING CASE NO. 21-07: REQUEST FOR APPROVALS FOR: 1) VARIANCES FOR THE PROPOSED NEW RETAINING WALLS TO ENCROACH INTO THE REQUIRED SETBACKS; 2) VARIANCE TO EXCEED THE MAXIMUM 35% LOT COVERAGE; 3) SITE PLAN REVIEW FOR GRADING; AND 4) SITE PLAN REVIEW FOR THE RETAINING WALLS TO EXCEED MAXIMUM 3 FT. HEIGHT LOCATED AT 1 QUAIL RIDGE ROAD SOUTH, ROLLING HILLS, CA 90274 (LOT 1-B-CH), (ABRACOSA). RECOMMENDATION: Receive and file. 6.PUBLIC HEARINGS 7.OLD BUSINESS 7.A.SELECT A LAYOUT OPTION FOR THE CITY HALL ADA IMPROVEMENTS AND DIRECT STAFF TO COMPLETE THE PREPARATION OF PROJECT CONSTRUCTION DOCUMENTS. REC OMM ENDATIO N : Provide staff the layout option to use and to work with Pacific Architecture and Engineering, Inc. to amend the service agreement accordingly. 10.11.2021_CCMinutes_P.docx Payment of Bills.pdf Rolling Hills YTD Tonnage Report-September 2021.pdf 08-13-2021SouthBayChamberMusic.pdf 10-13-2021So.BayChamberMusicDo.pdf Development_Proposal_Table.1_Quail_Ridge_Road_South_10.25.21.docx 1_Quail_Road_Ret_Wall_Planning_plans_final_set_approved 09.21.21 1 QRRS._photo.jpg 1 QRRS._photo_2.jpg 1 QRRS._photo_3.jpg 1 QRRS._photo_4.jpg 1 QRRS_Vicinity Map.pdf Vicinity Map 1 Quail Ridge Road South_10.25.21.docx 20210519_city_hall_renovation_cost_estimate_two_options.pdf Option 1.pdf Option 2.pdf Option 3.pdf 2 8.NEW BUSINESS 8.A.APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WORLDWIDE PRODUCTION LLC TO PRODUCE CANYON MANAGEMENT EDUCATIONAL VIDEOS. RECOMMENDATION: Engage Worldwise Production LLC for service, and direct staff to prepare a Professional Services Agreement. 8.B.CONSIDER ENGAGING THINK MARKETING AGENCY TO PROVIDE OUTREACH AND MARKETING SUPPORT THE EDUCATIONAL INITIATIVES OF THE BLOCK CAPTAIN PROGRAM. RECOMMENDATION: Consider engaging Think Marketing Agency and direct staff to prepare a professional services agreement. 8.C.APPROVE THE PROPOSAL FROM ALAN PALERMO CONSULTING TO PROVIDE PROJECT MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENT PROJECTS FOR FISCAL YEAR 2021-2022. REC OMM ENDATIO N : Engage APC for project management services for Fiscal Year 2021-2022 and direct staff to prepare a Professional Services Agreement. 9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 9.A.SPECIAL STUDIES RELATING TO SB 9. (MAYOR BEA DIERINGER) RECOMMENDATION: Receive a presentation from Mayor Bea Dieringer. 10.MATTERS FROM STAFF 10.A.DRAFT OF CITY ORDINANCE IMPLEMENTING SENTATE BILL (SB) 9. RECOMMENDATION: Receive report from City Attorney. 11.CLOSED SESSION 11.A.EMPLOYEE PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957, TITLE CITY MANAGER. RECOMMENDATION: Review Performance Evaluation for City Manager. 12.ADJOURNMENT Next regular meeting: Monday, November 8, 2021 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. Rolling Hills Canyon Management Videos Proposal 10.8.21.pdf THINK Marketing Proposal- 09.07.21.pdf Alan Palermo Agreement - Signed_July_2019.pdf Alan Palermo Service Agreement FINAL 2020.28.09.pdf 2021.08.30 City of Rolling Hills RH003R1.pdf Invoice No. 024 - RH002.pdf RHStaffReport_September13-2021_SB9_SB330.pdf LagunaBeach_Staff_Report.pdf Evacuation Time Estimate Study RFP July 2019.pdf Notice: 3 Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 4 Agenda Item No.: 4.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REGULAR MEETING MINUTES OF OCTOBER 11, 2021. DATE:October 25, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: 10.11.2021_CCMinutes_P.docx 5 Minutes 1 City Council Regular Meeting October 11, 2021 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, OCTOBER 11, 2021 1.CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Bea Dieringer presiding. 2.ROLL CALL Present:Mayor Dieringer, Mayor Pro Tem Black, Pieper, Mirsch, and Wilson Absent:None. Staff Present: Elaine Jeng, City Manager Daisy Laxamana, City Clerk Stephanie Grant, Code Enforcement Officer Jennifer Misetich, Deputy City Attorney Jane Abzug, Deputy City Attorney PLEDGE OF ALLEGIANCE BY MAYOR DIERINGER. 3.OPEN AGENDA - PUBLIC COMMENT WELCOME NONE. 4.CONSENT CALENDAR 4.A.REGULAR MEETING MINUTES OF SEPTEMBER 27, 2021 MOTION:Councilmember Pieper motioned to approve the amended minutes and the motion was seconded by Councilmember Mirsch. AYES:COUNCILMEMBERS: Mayor Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: Black. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 4.B.PAYMENT OF BILLS. MOTION:Councilmember Pieper motioned to approve as presented and the motion was seconded by Councilmember Mirsch. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. 6 Minutes 2 City Council Regular Meeting October 11, 2021 NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 4.C.REVIEW AND APPROVE PLANNING COMMISSION RECRUITMENT AND APPOINTMENT SCHEDULE FOR TERMS EXPIRING IN NOVEMBER 2021 AND JANUARY 2022. MOTION:Councilmember Pieper motioned to approve as presented and the motion was seconded by Councilmember Mirsch. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 4.D.REVIEW AND APPROVE THE 2021 HOLIDAY OPEN HOUSE FINAL GUEST LIST AND DATE. City Manager Jeng presented the amended 2021 Holiday Open House guest list. MOTION:Councilmember Pieper motioned to approve the amended 2021 Holiday Open House guest list and the motion was seconded by Councilmember Wilson. AYES:COUNCILMEMBERS: Mayor Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: Black. ABSENT: COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None. 5.PRESENTATION PRESENTATION OF THE HELEN PUTNAM AWARD BY THE LEAGUE OF CALIFORNIA CITIES TO THE CITY’S BLOCK CAPTAIN PROGRAM. Jeff Kiernan with the League of California Cities presented the 2021 Helen Putnam Award to the City of Rolling Hills’ Block Captain Program. Lead Block Captains Arlene and Gene Honbo were praised and recognized by the City of Rolling Hills City Council for their excellent work on wildfire mitigations. 6.COMMISSION ITEMS NONE. 7.PUBLIC HEARINGS NONE. 7 Minutes 3 City Council Regular Meeting October 11, 2021 8.OLD BUSINESS 8.A.CONSIDER A REVISED FIREWORKS ORDINANCE RECOMMENDATION. City Manager Jeng reported that the City Attorney’s advice is for the City Council to have further discussions to determine if a fireworks ordinance is needed. MOTION:Councilmember Pieper motioned to leave as is and not consider a fireworks ordinance and Mayor Pro Tem Black seconded the motion. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 8.B.ADOPT THE UPDATED ROLLING HILLS EMPLOYEE HANDBOOK AND PERSONNEL POLICY MANUAL. In response to Mayor Pro Tem Black’s comment, resident Jim Aichele commented that gifting of sick time allows employees from voluntarily donating accrued paid time off to co-workers in need and is used elsewhere other than in California. MOTION:Councilmember Wilson motioned to approve the updated Handbook with one amendment and the motion was seconded by Councilmember Mirsch. AYES:COUNCILMEMBERS: Mayor Dieringer, Mirsch, Pieper and Wilson. NOES:COUNCILMEMBERS: Black. ABSENT:COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None 9.NEW BUSINESS 9.A.CONSIDER AND APPROVE RESPONSES TO THE 2019-2020 CIVIL GRAND JURY REPORT ENTITLED “A DIET FOR LANDFILLS: CUTTING DOWN ON FOOD WASTE.” The City Council discussed edits to the proposed response letter. MOTION:Councilmember Pieper motion to approve the response letter with the discussed edits and the motion was seconded by Mayor Pro Tem Black. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 8 Minutes 4 City Council Regular Meeting October 11, 2021 9.B.CONSIDER AND APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PROVIDE PLANNING SERVICES. City Manager Jeng presented the service agreement from Michael Baker International to provide Planning services following the departure of Planning Director, Meredith Elguira. MOTION:Councilmember Pieper motioned to approve and the motion was seconded by Mayor Pro Tem Black. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 10. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 10.A. RECEIVE AND FILE A REPORT ON THE SEPTEMBER 29, 2021 FIRE FUEL COMMITTEE MEETING (MIRSCH & BLACK); AND CONSIDER THE COMMITTEE’S RECOMMENDATION TO MODIFY THE DEAD VEGETATION ORDINANCE WITH RESPECT TO CANYON SLOPE. Resident Marcia Schoettle stated her concern that more people need to learn and be aware of the recommendation for modification. Resident Cathy Nichols of 14 Crest Road West stated her concern of the potential outcome regarding the proposed ordinance. Resident Jim Aichele of 14 Crest Road stated that the ordinance should remain unchanged. Resident V’Etta Virtue of Maverick Lane stated her concern that the ordinance does not have enough definition of the exact work to be done. Resident Sara Noelle stated that existing laws should be followed prior to establishing new ones. MOTION:Councilmember Pieper motioned to receive and file and the motion was seconded by Councilmember Wilson. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 11.MATTERS FROM STAFF 9 Minutes 5 City Council Regular Meeting October 11, 2021 11.A. FIRE FUEL ABATEMENT ENFORCEMENT CASES QUARTERLY REPORT FOR THE THIRD QUARTER OF 2021. (JULY 1 THROUGH SEPTEMBER 30). MOTION:Councilmember Pat Wilson motioned to receive and file and the motion was seconded by Councilmember Pieper. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. Resident Jim Aichele commented that he did not complain about the Fire Department and clarified that his statement pertained to the City’s ordinance not being fairly enforced. 11.B. ANALYSIS OF SENATE BILL (SB) 9, INCREASE DENSITY IN SINGLE FAMILY ZONE. Resident Jim Aichele stated that it would be difficult to subdivide a lot due to RHCA’s requirements and that no one has applied to have a legal rental unit, which is against the CC&Rs. Resident V’Etta Virtue stated her concerns on the number of cesspools and septic tanks allowed in a single property and the potential threat to safety for having multiple systems in one lot. MOTION:Mayor Dieringer motioned to receive and file and the motion was seconded by Mayor Pro Tem Black. AYES:COUNCILMEMBERS: Mayor Dieringer, Black, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. 12.CLOSED SESSION NONE. 13.ADJOURNMENT Hearing no further business before the City Council, the meeting was adjourned at 10:23 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, October 25, 2021 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling- hills.org/government/agenda/index.php 10 Minutes 6 City Council Regular Meeting October 11, 2021 Respectfully submitted, ____________________________________ Elaine Jeng, P.E. Acting City Clerk Approved, ________________________________ Bea Dieringer Mayor 11 Agenda Item No.: 4.B Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PAYMENT OF BILLS. DATE:October 25, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: Payment of Bills.pdf 12 13 Agenda Item No.: 4.C Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR SEPTEMBER 2021. DATE:October 25, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: Rolling Hills YTD Tonnage Report-September 2021.pdf 14 Franchise?Y Mth/Yr Overall Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan-21 Trash 235.42 36.03 199.39 15.30% Greenwaste 49.43 49.43 - 100.00% Jan-21 Total 284.85 85.46 199.39 30.00% Feb-21 Trash 206.11 18.38 187.73 8.92% Greenwaste 62.07 62.07 - 100.00% Feb-21 Total 268.18 80.45 187.73 30.00% Mar-21 Trash 231.10 7.19 223.91 3.11% Recycle 3.64 0.91 2.73 24.95% Greenwaste 89.04 89.04 - 100.00% Mar-21 Total 323.78 97.14 226.64 30.00% Apr-21 Trash 239.29 34.90 204.39 14.58% Greenwaste 52.70 52.70 - 100.00% Apr-21 Total 291.99 87.60 204.39 30.00% May-21 Trash 147.58 - 147.58 0.00% Greenwaste 125.97 125.97 - 100.00% May-21 Total 273.55 125.97 147.58 46.05% Jun-21 Trash 193.00 - 193.00 0.00% Greenwaste 111.34 111.34 - 100.00% Jun-21 Total 304.34 111.34 193.00 36.58% Jul-21 Trash 207.99 - 207.99 0.00% Greenwaste 96.98 96.98 - 100.00% Jul-21 Total 304.97 96.98 207.99 31.80% Aug-21 Trash 203.81 - 203.81 0.00% Greenwaste 103.02 103.02 - 100.00% Aug-21 Total 306.83 103.02 203.81 33.58% Sep-21 Trash 171.31 - 171.31 0.00% Greenwaste 107.29 107.29 - 100.00% Sep-21 Total 278.60 107.29 171.31 38.51% Grand Total 2,637.09 895.25 1,741.84 33.95% 895.25 CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2021 Contract Requires 30% Household - Page 1 of 2 15 Agenda Item No.: 4.D Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE SOUTH BAY CHAMBER MUSIC SOCIETY'S REQUEST FOR AN ADDITIONAL $600 CONTRIBUTION FOR FISCAL YEAR 2021-2022. DATE:October 25, 2021 BACKGROUND: Annually, the City Council allocates contributions to community clubs, the Peninsula Seniors, and the South Bay Chamber Music Society. The annual allocation to the South Bay Chamber Music Society is $600. The City's contribution is made only after the City receives a request or invoices supporting the organization's expenditures. DISCUSSION: For Fiscal Year 2021-2022, South Bay Chamber Music Society Board Member Jan Simon provided a letter requesting the annual contribution in August 2021. The contribution was made within the month. Ms. Simon inquired the reason the City did not make a contribution in Fiscal Year 2020-2021. In reviewing City records, Ms. Simon is correct that the City did not make a contribution last fiscal year. Staff did not locate a contribution request from the South Bay Chamber Music Society in Fiscal Year 2020-2021 and may be the reason for lack of payment. Ms. Simon expressed her appreciation for the City's continuous contribution and requested an additional $600 this year to support the music society. During the pandemic, the music society had concerts recorded and made available to members on the society's website. The music society is back in holding live concerns as of August 2021. FISCAL IMPACT: There is sufficient budget in Non-Department 65 to fund the additional $600 requested by the South Bay Chamber Music Society. RECOMMENDATION: 16 Approve as presented. ATTACHMENTS: 08-13-2021SouthBayChamberMusic.pdf 10-13-2021So.BayChamberMusicDo.pdf 17 18 19 20 21 22 Agenda Item No.: 5.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:STEPHANIE GRANT , ADMINISTRATIVE CLERK THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ZONING CASE NO. 21-07: REQUEST FOR APPROVALS FOR: 1) VARIANCES FOR THE PROPOSED NEW RETAINING WALLS TO ENCROACH INTO THE REQUIRED SETBACKS; 2) VARIANCE TO EXCEED THE MAXIMUM 35% LOT COVERAGE; 3) SITE PLAN REVIEW FOR GRADING; AND 4) SITE PLAN REVIEW FOR THE RETAINING WALLS TO EXCEED MAXIMUM 3 FT. HEIGHT LOCATED AT 1 QUAIL RIDGE ROAD SOUTH, ROLLING HILLS, CA 90274 (LOT 1-B-CH), (ABRACOSA). DATE:October 25, 2021 BACKGROUND: On September 21, 2021, the Planning Commission unanimously voted to approve Zoning Case No. 21- 07 and Resolution No. 2021-14 granting approvals for 1) Variances for retaining walls to encroach into the required setbacks; 2) Variance to exceed the maximum 35% lot coverage; 3) Site Plan Review for grading; and 4) Site Plan Review for the walls to exceed the maximum 3 feet in height. Zoning, Land Size and Existing Conditions The lot is zoned RAS-1 and the gross lot area is 54,200 square feet (1.2 acres) and the net lot area is 24,803 square feet (.57 acres). The lot is currently developed with an existing 2,015 square-foot single family residence. The lot is also developed with a detached 1,616 square-foot structure that contains a 484 square-foot garage, 831 square-foot recreation room, and 301 square-foot loggia. The lot is smaller in size than the neighboring lots. The lot size and topography limit the buildable area to one main building pad, therefore development is limited. DISCUSSION: Applicant Request The applicants are proposing to construct a 180 linear foot retaining wall of varying heights (maximum 5 feet height) located at southeastly portion of the subject property. The applicants are proposing to expand the southeast corner of the existing driveway adjacent to the proposed retaining wall by 900 square feet to create a new parking space. The project also proposes to add a 767 square feet concrete patio behind the existing garage/recreation room. There is slope located at the rear of the property behind the existing garage and recreation room. The 23 proposed retaining wall is necessary to prevent erosion of the existing slope. The proposed retaining wall will prevent intrusion of water, dirt, and mildew in the existing garage and recreation room. Therefore, the applicants are requesting for the approval of the proposed 180 linear foot retaining wall to improve the current condition of the site. Site Plan Review The applicants are requesting a Site Plan Review (SPR) for the proposed 300 cubic yards of grading and for the proposed retaining walls to exceed the maximum 3 feet height. The applicants are proposing a wall ranging in height from 18 inches to maximum 5-foot high wall totaling 180 linear feet that will be located at the southeast portion the subject property. Only 130 feet of the proposed The 5-foot high section of the wall will be located mainly behind the existing garage/recreation room, and will be screened from any public views. The area of the proposed retaining wall located in the new parking space area is minimally visible from the street will be planted with landscaping that will hang over the top and screen the wall from view over time. The proposed retaining wall will have no impacts on the neighboring properties. Grading is required to construct the retaining walls that will retain dirt and prevent further erosion of the hillside. It will consist of 150 cubic yards of cut and 150 cubic yards of fill (total 300 cubic yards of grading) and will be balanced on site. The southeastern corner portion of the proposed building pad will be cut down to 6 feet in depth for the retaining walls/driveway and 5 feet in depth for the rear patio. The northeasterly portion of the building pad is proposed to be filled to 1.5 feet for landscaping. Variances The applicants are requesting a Variance for the proposed retaining walls to encroach into the required 50 feet rear setback and 20 feet side setback. The proposed wall encroaches 20.12 feet into the required 50 feet rear setback. The proposed retaining wall encroaches 3 feet into the required 20 feet interior side setback. According the the RHCA, there is not an easement located along the south portion of the lot. The applicants are also requesting to exceed the maximum lot coverage. The gross size of the subject property is 1.2 acres (54,200 square feet) and net area is 24,803 square feet (.57 acres). The lot is relatively small, therefore a request for a Variance to exceed the maximum 35% maximum lot coverage is needed to improve the site condition with an additional parking space and to prevent water, dirt and mildew intrusion into the existing garage by creating space between the slope and structure. The existing structural and flatwork coverage is 30.45%, the applicant proposes a total of 37.17%. The Variance is for the exceedance of 2.17%. Planning Commission Review On September 21, 2021 the Planning Commission held an onsite field trip meeting to view the proposed project. The applicants flagged and staked the proposed retaining walls and grading. Neighbor Concerns On September 16, 2021, the resident of 5 Quail Ridge Road South came into the City to review the proposed project and plans. The resident expressed his concerns regarding the proposed wall heights. Staff discussed the proposed wall height and location and explained that it's not visible from the street. The wall height will also vary with the highest point of the wall proposed to be located behind an existing garage. The neighbor left City Hall satisfied with the proposed project. Disturbance The existing lot disturbance 30.74%. There proposed increase as a result of the proposed project is 24 1,667 square feet or 6.72%. The total proposed disturbed area will be 37.46% (maximum permitted 40%). Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). Drainage The drainage will follow the existing course, there will be not change to the drainage flow. The project has been designed to incorporate stormwater retention on the site. CRITERIA FOR VARIANCES 17.38.050 Required Variance findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. 17.46.050 - Required Site Plan Review findings. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. 1. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 2. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 3. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 4. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 5. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 6. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 7. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 8. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural 25 character of the community, and landscaping provides a buffer or transition area between private and public areas; 9. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 10. The project conforms to the requirements of the California Environmental Quality Act. 11. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the City Council receive and file Zoning Case No. 21-07 and Resolution 2021- 14 for: 1) Variance for the proposed new retaining walls to encroach into the required setbacks; 2) Variance to exceed the maximum 35% lot coverage; 3) Site Plan Review for grading; and 4) Site Plan Review for the retaining walls to exceed the maximum 3 ft. height. ATTACHMENTS: Development_Proposal_Table.1_Quail_Ridge_Road_South_10.25.21.docx 1_Quail_Road_Ret_Wall_Planning_plans_final_set_approved 09.21.21 1 QRRS._photo.jpg 1 QRRS._photo_2.jpg 1 QRRS._photo_3.jpg 1 QRRS._photo_4.jpg 1 QRRS_Vicinity Map.pdf Vicinity Map 1 Quail Ridge Road South_10.25.21.docx 26 1 Quail Ridge Road South (Zoning Case No. 21-07) Mr. Ray and Charity Abracosa Site Plan Review and Variance EXISTING PROPOSED TOTAL RA-S- 1 Zone Setbacks Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear easement line SINGLE FAMILY RESIDENCE AND DETACHED GARAGE NEW RETAINING WALL EXCEED MAX 3 FT HT TO ENCROACH INTO SETBACKS, 900 SF PARKING SPACE, 767 PATIO, EXCEED 35% LOT COVERAGE, & 300 CY GRADING Gross Net Lot Area 54,200 SF (1.2 acres)0 54,200 SF Net Lot Area 24,803 SF (.57 acres)0 24,803, SF Residence 2,015 SF 0 SF 2,015 SF Detached Structure contains: (484 SF Garage, 831 SF Recreation Room, & 301 SF Loggia) Total SF 1,616 SG 1,616 SF 0 1,616 SF Pool Equipment 0 SF 0 0 SF Cabana 0 0 0 Stable minimum: 450 SF Corral minimum: 550 SF 0 SF 0 SF 450 SF 550 SF 450 SF 550 SF Recreation Court 0 SF 0 0 SF Attached Covered Porches, Entryway, Porte Cochere, Breezeways 0 SF 0 SF 0 SF Attached Trellis 301 0 301 SF Detached Structures: Outdoor Kitchen 0 SF 0 0 SF Front water feature 0 SF 0 SF 0 SF Side water feature 0 SF 0 SF 0 SF Service Yard 125SF 0 75 SF Basement Area 0 0 0 SF Primary Driveway 2,757 SF 900 SF 3,657 SF Paved walks, patio areas, courtyards 1,165 SF 767 SF 1,932 SF Grading (balanced on site)Unknown 300 cubic yards 300 cubic yards (balanced onsite) Total Structure Area 7,625 SF 1,667 SF 9,292 SF % Structural Coverage 14.93%0%14.93% Total Structures Excluding: up to 5 legal and up to 800 SF detached structures that are not higher than 12 ft (no more than120 SF per structure per deduction, except for trellis) 72 SF 0 SF 72 SF Structural Lot Coverage (20% max & with deductions)14.93%0%14.93% Total Structural and Flatwork Lot Coverage (35% max & with deductions 30.74 SF 6.72 SF 37.46 SF Building Pad #1 Coverage (30%max & with deductions) 35.59%-6.82 28.77% Structures on Building Pad House(35% max & with deductions) 26.05 SF -1,952 SF 8,602 SF Total Disturbed Area (40% maximum) 30.74%6.72%37.46% 27 1 Quail Ridge Road South (Zoning Case No. 21-07) Mr. Ray and Charity Abracosa Retaining/Garden Wall 180 LF 180 LF Roadway Access No change No change 28 NP / LP / LP P / LP / LP / LP / LP / LP / LP / LP / LP / L/ LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / L100.49'62.89'30.3'31'4.81'23'4.43'5'20.12'50'10'50'50'20'10'50'10'25'30.29'30'33.01'18.15'14.86'RIDGE ELE.: 133.62RIDGE ELE.: 135.15RIDGE ELE.: 133.62RIDGE ELE.: 133.620.5%1.69%CONC. DRIVE (N)900 SF1.0%11EXISTING RESIDENCE2015 SFEXISTING GARAGE484 SFEXISTING REC ROOM831 SFHARDSCAPE (N)767 SFEXISTING LOGGIA301 SFHARDSCAPE (E)799 SFWALKWAY (E)300 SFDRIVEWAY (E)2757 SFCOV. ENTRY (E)72 SF50' SETBACK LINEROAD EASEMENT LINENET LOT LINESIDE YARD SET BACKNET LOT LINEROAD EASEMENTNET LOT AREA LINEFRONT YARDSETBACK LINE10' EASEMENTNET LOT LINE18" PLANTER WALL1,000 SF 'SET-ASIDE' AREA550 sf CORRAL450 sf STABLERET. WALL GREATER THAN 3' IN HEIGHT (130 LF)H T L A BARS B BARS HORIZ BARS TOE D HL B KEY INSP2 12" 1'-6"#5 @ 12" o.c. #4 @ 12" o.c. 10" 8"03 12" 2'-0"#5 @ 12" o.c. #4 @ 12" o.c. 1'-4" 8"6"4 12" 2'-9"#5 @ 12" o.c. #4 @ 12" o.c. 2'-1" 8"6"5 12" 3'-6"#5 @ 12" o.c. #4 @ 12" o.c. 2'-10" 8"12"6 12" 4'-6"#5 @ 12" o.c. #4 @ 12" o.c. 3'-10" 8"15"'B' BARS - VERT.2500 PSI CONC.2 - HORIZ. BARSW.P. MEMBRANEHORIZ. BARSPROVIDE 4" DIA. PERF. DRAIN w/12" SQ. CONT. GRAVEL POCKET - SLOPE TO POSITIVE OUTFALL'D''B' BARSTOEEFP = 61 pcf Soil Bearing = 2500 psf Passive Pressure = 650 pcf Friction Coef. = N/A36" LAP2'KEY''L''H'RETAINING WALL SCHEDULE1 RETAINING WALL'T'MIN.12" CLEARTOP OF BEDROCK123" CLEAR6" MIN.PROPERTY CALCULATIONSLOT AREA 56628 sfNET LOT AREA 24803 sfSTRUCTURES (EXT'G)RESIDENCE (E) 2015 sfCOVERED ENTRY (E) 72 sfGARAGE (E) 484 sfREC. ROOM (E) 831 sfLOGGIA (E) 301 sfTOTAL 3703 sfHARDSCAPE (EXT'G)DRIVEWAY (E) 2757 sfDRIVEWAY (N) 900 sfFRONT WALK (E) 366 sfREAR HARDSCAPE (E) 799 sfREAR HARDSCAPE (N) 767 sfTOTAL 5589 sfSTR'S + HARDSCAPE 3631+ 5589 = 9220 sfTOTAL BUILDING COVERAGE 3631 / 24803 = 14.64%TOTAL HARDSCAPE COVERAGE 5589 / 24803 = 22.53%TOTAL COVERAGE 9220 / 24803 = 37.17%TOTAL DISTURBED AREA 14424/ 24803 = 58.15%TOTAL CUT 150 cyTOTAL FILL 150 cyREVISION TABLENUMBER DATE REVISED BY DESCRIPTIONSHEET:SCALE:PROJECTSITE PLANPROJECT DATADATE:9/17/2021CONSTRUCT 180 L.F. OF VARIABLE HEIGHT RETAININGWALL (MAXIMUM 5') AT THE REAR (EAST) AND SIDE(SOUTH) YARDS.SCOPE OF WORKGENERAL CONSTRUCTION NOTES1. ALL WORK SHALL CONFORM TO THE 2019 CBC, CPC, CMC, CEC, Ca Green Building Standards1. ALL WORK SHALL CONFORM TO THE 2019 CBC, CPC, CMC, CEC, Ca Green Building StandardsCode, City Ordinances and the 2019 Ca Energy Standards.SITE INFORMATIONA1 SITE PLAN / PROJECT DATAINDEXPARCEL NO.: 7567-017-020LEGAL: RECORD FO SURVEY AS PER BK 57 PG 35-36OF R S LOT COM AT MOST E COR OF LOT 1TH S 29¢01'50" W 210 FT TH N 59¢23'10" W238.39 FT TO NW LINE OF SD LOT TH NE ANDFOLLOWING BDRY LINE OF SD LOT TO BEGPART OF LOT 1ZONE: RAS-1USE: R3/UTYPE OF CONST: VBCDDesign5117 Macafee Road; Torrance CA 90505310-387-0010cdittmandesign@gmail.comPAGE CONTENTSABRACOSA RETAINING WALL1 QUAIL RIDGE ROAD SOUTHROLLING HILLS, CA 90274A-1SITE PLAN1/16"=1'VICINITY MAPN.T.S.CONSULTANTSDESIGNER: CURT DITTMAN 310-387-0010CDITTMAN DESIGN5117 MACAFEE ROADTORRANCE CA 90505ENGINEER: AART ASSINK 310-618-07821611 EL PRADO AVETORRANCE CA 9050129 NP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / LP / L100.49'62.89'30.3'31'4.81'23'4.43'5'20.12'50'10'50'50'20'10'50'10'1-STORYWOOD BLD1-STORYWOOD BLD1-STORYWOOD BLD1-STORYWOOD BLDBRICKBRICKBRICKBRICK BRICK BRICK AC.AC.AC.AC.DIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTDIRTBRICK AC.AC.AC.AC.AC.AC.WOOD FENCEWOOD FENCEWOOD FENCEWOOD FENCEWOOD FENCEWOOD FENCEWOOD FENCEWOOD FENCEWOOD FENCECREST ROAD W.QUAIL RIDGE RD.QUAIL RIDGE RD.PAGE 3PAGE 1PAGE 1PAGE 2PAGE 3PAGE 4℄℄(105)(1 1 0 )(110)(110)(110)(115)(115)(115)(115)(120)(120)(120)(120)(125)(125)(130)(135)(106)(106)(106)(106)(106)7 )(107)(107)(107)(1 0 8 )(108)(108)(108)(1 0 9 )(109)(109)(109)(1 1 1 )(111)(111)(111)(1 1 2 )(112)(112)(112)(113)(113)(113)(113)(114)(114)(114)(114)(116)(116)(116)(116)(116)(1 1 6 )(117)(11(117)(117)(117)(117)(118)(118)(118)(118)(118)(119)(119)(119)(119)(119)(119)(119)(121)(121)(121)(121)(122)(122)(123)(123)(124)(124)(126)(126)(127)(128)(129)(131)(132)(133)(134)(136)(137)L =5 5 .1 0 'R =4 0 .0 0 'Δ=7 8 °5 5 '1 5 "S59° 25' 15"E237.91'N29° 11' 33"E209.79'N60° 58' 10"W210.77'S59° 25' 15"E237.91'14 02' 01"W87.36'N60° 58' 10"W210.77'N29° 11' 33"E209.79'FD MAG+W26120ELEV.: (104.91)FD MAG+WELEV.: (105.78)FD MAG+WELEV.: (106.40)FD MAG+WELEV.: (109.89)FD MAG+WELEV.: (113.89)FD MAG+W4957ELEV.: (116.03)(116.04)FS(115.21)FS(114.47)FS(113.43)FS(112.61)FS(111.65)FS(110.66)FS(109.83)FS(108.92)FS(108.06)FS(105.40(105.84)FS(106.12)FS(106.26)FS(1 0 6 .4 0 )F S (106.36)FS(106.08)FS(1 0 5 .6 7 )F S S12)FL(104.52)FL(105.44)FL(105.92)FL(106.11)FS(106.71)FS(106.36)FL(106.30)FL(106.11)FL(105.97)FL(106.20)FS(105.88)FL(105.68)FL(106.36)FS(106.14)FL(107.06)FL(108.29)FL(109.35)FL(109.45)FS(110.89)FS(110.64)FL(112.00)FL(113.46)FS(113.19)FL(114.63)FL(115.94)FL(106.3)FG(108.5)FG(109.9)FG(110.9)FG(112.1)FGEL BOXCABLE PB(112.8)FG(113.6)FG(114.7)FG(115.5)FG(116.5)FG(117.4)FG(118.1)FG(117.6)FGWM(118.8)FG(117.4)(116.4)FG(115.7)FG(115.0)FG(114.4)FG(113.5)FG(112.6)FG(111.6)FG(111.0)FG(110.1)FG(108.9)FG(108.3)FG(107.1)FG(106.8)FG(106.9)FG(107.2)FG(106.5)FG(106.8)FG(106.5)FG(106.1)FG(105.7)FG(105.8)FG(105.1)FG17)FS(106.25)FL(106.54)TBERM(106.2)FG(105.87)TBERM(105.59)FL(105.02)FL(105.22)TBERM(105.9)FG(105.3)FGFD 1" IRON PIPEELEV.: (114.60)(1 1 5 .2 )F G(116.2)FG(115.39)TBERM(115.25)FL(114.46)FL(114.55)TBERM(114.4)FG(113.1)FG(113.46)TBERM(113.27)FL(110.29)FL(110.48)TBERM(110.3)FG(106.3)FG(106.18)TBERM(106.02)FL(104.4)FG(104.3)FGERM4)FL(105.16)FL(105.27)TBERM(105.1)FG(106.21)FS(107.3)FG(109.9)FG(110.35)FS(113.08)FS(112.8)FG(119.74)FF(119.57)FS(119.31)FS(118.62)FS(118.7)FG(118.6)FG(118.3)FG(118.47)FS(118.38)FS(118.04)FS(1 1 7 .7 7 )F S (116.76)FS(115.43)FS(112.92)FS(109.91)FS(105.85)FS(105.9)FG(107.7)FG(109.5)FG(112.1)FG(115.7)FG(117.1)FG(118.2)FG(118.4)FG(117.9)FG(118.3)FG(118.5)FG(118.5)FG(118.4)FG(118.5)FG(118.6)FG(118.4)FG(117.76)FS(117.5)FG(107.8)FG(109.1)FG(109.1)FGRIDGE ELE.: 133.62RIDGE ELE.: 135.1518" DECID14" DECID14" DECID30" TRI(118.04)FS(118.54)FS(117.61)FS(116.03)FS(1 0 8 .1 8 )F S (112.18)F S (1 1 6 .1 4 )F S(118.12)FS(118.63)FS(118.61)FS(118.75)FSGM(118.75)FS(118.74)FS(119.34)FS(118.78)FS(118.83)FS(118.72)FS(118.62)FS(118.72)FS(119.08)FS(119.12)FS(119.68)FF(1 1 8 .5 )F G (119.4)FG(118.6)FG(118.5)FG(118.8)FG(119.1)FG(118.8)FG(119.0)FG(118.7)FG(118.6)FG(118.7)FG(117.94)GFF(118.26)GFF(118.61)FS(117.97)FS(117.88)FS(117.52)FS(118.14)FS(116 .7 3 )F S (117.5)FG (115.1)FG(115.0)FG(118.7)FG(119.7)FG(1 2 1 .3 )F G(121.0)FG(120.1)FG(119.6)FG(120.2)FG(121.9)FG(123.7)FG(123.1)FG(125.5)FG(125.6)FG(127.7)FG(127.3)FG(124.3)FG(117.2)FG(114.9)FG30" DECID6" FRUIT6" FRUITFD 1" IRON PIPEELEV.: (123.24)(118.27)FS(118.13)FS(118.96)FS(121.32)FS(120.58)FL(119.10)FL(118.36)FL(118.3)FG(120.3)FG(123.2)FG(125.1)FG(122.3)FG(119.7)FG(121.0)FG(121.3)FG(122.0)FG(125.4)FG(123.9)FG(125.8)FG(126.9)FG(124.5)FG(122.6)FG(125.4)FG(126.4)FG(127.4)FG(124.2)FG(110.5)FG(113.5)FG(110.7)FG(117.4)FG(118.0)FG(1 1 7 .8 )F G (120.0)FG(118.4)FG(118.9)FG(118.5)FG(118.8)FG(119.7)FGEM(120.9)FG(1 21 .4)F G(122.1)FG(122.2)FG(122.5)FG(123.06)FS(122.7)FG(123.0)FG(122.0)FG(121.4)FG(119.5)FG(119.0)FG(119.1)FG(118.6)FG(118.5)FG(119.0)FG(120.2)FG(121.5)FG(123.0)FG(123.2)FG(123.0)FG(123.1)FG(122.9)FG(123.5)FG(124.3)FG(123.7)FG(124.1)FG(126.0)FG(126.7)FG(127.3)FG(127.3)FG(127.9)FG(123.5)FG(123.5)FG(124.4)FG(125.9)FG(128.3)FG(132.9)FG(124.6)FG(120.7)FG(120.4)FG(120.8)FG6" FRUIT28" EUC(120.85)FL(119.19)FL(118.64)FL(118.49)FS(118.63)FS(123.1)FG(123.3)FG(125.7)FG(126.5)FG(126.8)FG(124.2)FG(124.9)FG(125.7)FG(127.3)FG(127.8)FG(126.0)FG(133.06)FS(130.5)FG(130.6)FG(131.1)FG(130.9)FG(132.6)FGFD 1" IRON PIPEELEV.: (129.76)(132.0)FG(135.2)FGFD 2"IPELEV.: (135.40)(135.8)FG(139.7)FG(139.7)FG24)FL(106.43)FL18" PINE22" PINE22" PINE22" PINERIDGE ELE.: 133.62RIDGE ELE.: 133.62123.80 TOW123.80 TOW123.13 TOW 122.46 TOW 121.79 TOW 121.12 TOW120.45 TOW119.78 TOW119.11 TOW118.44 TOW118.89 FS118.63 FS118.83 FS118.80 FS118.30 FS123.80 TOW121.13 TOW121.13 TOW122.47 TOW121.80 TOWCUT (150 CY)120.6 FG120.63 TOW120.6 FG123.5 FGFILL (150 CY)121.00122.00123.00AAAABBBBCCCC120.63 TOW120.63 TOWDDDDRET. WALL GREATER THAN 3' IN HEIGHT (130 LF)P / LP / LP / LP / LP / L24'23'-2"115116117118119120121122123124GRADE (E)REC. ROOMFENCE (E)124125126EXISTING GRADE TO REMAIN118.85 FSDEMO SWALEEXT. WALL (E)NEW CONC. SLABNEW RETAINING WALL123.80 TOWP / LP / LP / LP / LP / LP / L9'-7"25'-7"115116117118119120121122123124REC. ROOMFENCE (E)124125126EXISTING GRADE TO REMAIN118.80 FSDEMO SWALEEXT. WALL (E)NEW CONC. SLABNEW RETAINING WALL123.80 TOWP / LP / LP / LP / LP / L22'-11"20'-10"116117118119120121122123124REC. ROOMFENCE (E)124125126EXISTING GRADE TO REMAIN118.80 FSDEMO SWALEEXT. WALL (E)NEW CONC. SLABNEW RETAINING WALL123.80 TOW127128129130131P / LP / LP / L63'-1"117118119120121122123124FENCE (E)124125126PROPOSED GRADEEXISTING GRADE118.80 FS18" PLANTER WALL120.63 TOW123.5 EGREVISION TABLENUMBER DATE REVISED BY DESCRIPTIONSHEET:SCALE:PROJECTDATE:9/17/2021CDDesign5117 Macafee Road; Torrance CA 90505310-387-0010cdittmandesign@gmail.comPAGE CONTENTSABRACOSA RETAINING WALL1 QUAIL RIDGE ROAD SOUTHROLLING HILLS, CA 90274A-2GRADING PLANGRADING PLAN1/16"=1'SECTION AA1/4"=1'SECTION BB1/4"=1'SECTION CC1/4"=1'SECTION DD1/4"=1'30 7/25/2131 32 33 34 35 Los Angeles County GIS Viewer County of Los Angeles Notes Legend This map is for reference only and should not be used for legal decisions. While the County of Los Angeles makes its best effort to ensure data is accurate, the County makes no representation or warranty of any kind. 0.10.1 Miles0.070 Parcels Ventura Parcels (May 2018) Cities and Communities 36 Vicinity Map 1 Quail Ridge Road South 37 38 Agenda Item No.: 7.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:SELECT A LAYOUT OPTION FOR THE CITY HALL ADA IMPROVEMENTS AND DIRECT STAFF TO COMPLETE THE PREPARATION OF PROJECT CONSTRUCTION DOCUMENTS. DATE:October 25, 2021 BACKGROUND: In December 2019, the City released a Request for Proposal for Architectural and Engineering Design Services to prepare ADA improvement plans for the Rolling Hills City Hall, excluding building exterior path of travel. At the January 27, 2020 meeting, the City Council approved a professional service agreement with Pacific Architecture and Engineering, Inc. to prepare improvement plans (ADA compliance and space planning). A kick-off meeting with Pacific Architecture and Engineering, Inc. was held on February 27, 2020. At the May 26, 2020 meeting, the City Council received a presentation from staff on the City Hall layout options to bring the restrooms at City Hall to comply with ADA and related codes. At the July 13, 2020 meeting, the City Council received a presentation from staff with additional information to the two preferred options including opinions of probably costs of construction. City Council directed staff to move forward with the more economic layout option 2 that kept the renovated restrooms in the same location as the existing restrooms. Layout options 1 and 2 presented at the July 13, 2021 City Council meeting are attached to this report. Pacific Architecture and Engineering, Inc. submitted the 65% design plans for City review on March 9, 2021. Staff reviewed the plans and have comments. Before continuing in the design process to 90% design completion, Councilmember Jeff Pieper noted that the City Council's selection of layout option 2 was based on cost opinions on restroom renovations and the cost opinions did not include expenses on other improvements as a part of the overall project. Councilmember Pieper recommended that the City Council revisit the restroom layout options with more information. At the April 12, 2021 meeting, the City Council directed staff to provide a comprehensive project cost estimate for layout options 1 and 2 for comparison. This required the architect to develop option 1 to 65% to provide an appropriate cost comparison. Pacific Architecture and Engineering, Inc. was authorized to use available budget dedicated for design completion of Option 2 to prepare comprehensive project cost estimate for option 1 and 2 layouts. At 65% design completion, the estimated overall project cost for option 1 was $952,810 and $784,390 39 for option 2 for a difference of approximately $168,420. At the June 28, 2021 meeting, the City Council directed staff to add measurements to option 1 layout for additional discussion at the July 12, 2021 meeting. Using the measurement shown for option 1 in the City Hall lobby area, staff also taped the floor of the lobby to locate the proposed public counter. At the July 12, 2021 meeting, the City Council delayed to item to the July 26, 2021 meeting. At the September 13, 2021 meeting, staff recommended the inclusion of accordion doors along with the possibility of expanding the lobby area by moving the glass partition wall out. Additional suggestions were made to use french doors and remove an existing interior wall behind the display case to expand the lobby area of City Hall to accommodate the number of residents that attend the annual holiday house event. The City Council directed staff to bring back City Hall ADA Improvements project at the next City Council meeting so that the City Council can provide direction to staff on the next steps. DISCUSSION: Over the course of two years, the scope of work for Pacific Architecture and Engineering, Inc. expanded to include design work to develop another layout option to 65% so that a cost estimation can be developed to compare with the layout option selected by the City Council previously. Pacific Architecture and Engineering, Inc. also performed research in movable partition, and numerous iterations in design changes. To date, Pacific Architecture and Engineering, Inc. has expended the majority of the contract budget and would need an amendment to the contract to implement the City Council's direction from the September 13, 2021 meeting and complete a set of documents to solicit construction bids. Without available budget, the previous Planning and Community Services Director sketched a third option for consideration. Option 3 takes into consideration the City Council's feedback from the September 13, 2021 meeting. Option 3 proposed by staff includes pushing the existing line of wall at the front door to the City Hall, moving one of the three All Gender restrooms to the newly expanded space and enclosing the hallway to the Council Chambers to allow for a meeting room. At this time, the construction cost estimate associated with option 3 proposed by staff is not available. Before engaging Pacific Architecture and Engineering, Inc. for a fee proposal to complete the project design, the scope of the designer's work should be determined. To do so, the City Council would need to provide direction to staff to either continue design development for layout option 2, or select layout option 1 for design development or selection layout option 3 for design development. FISCAL IMPACT: The City Hall ADA improvements project was approved as a part of the City's three year Capital Improvement Program (CIP). In January 2020, the City Council approved a contract with Pacific Architecture and Engineering, Inc. for $37,000. The fee was funded through the CIP account. Depending on the scope of work moving forward, additional funds will be needed for Pacific Architecture and Engineering, Inc. to complete the design phase of the project. RECOMMENDATION: Provide staff the layout option to use and to work with Pacific Architecture and Engineering, Inc. to amend the service agreement accordingly. ATTACHMENTS: 20210519_city_hall_renovation_cost_estimate_two_options.pdf Option 1.pdf 40 Option 2.pdf Option 3.pdf 41 ROLLING HILLS CITY HALL RENOVATIONS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIFORNIA TWO OPTIONS COMPARISION May 17, 2021 PREPARED BY FOR PACIFIC ARCHITECTURE & ENGINEERING, INC. Rev 0 42 PACIFIC ARCH & ENG, INC. 0FFICE: 424-3301721 DATE: 05/17/21 NO: 20-06 REV: 1 PROJECT: ROLLING HILLS CITY HALL RENOVATIONS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIFORNIA OWNER: CITY OF ROLLING HILLS CLIENT: CITY OF ROLLING HILLS DESIGN TEAM: PACIFIC ARCHITECTURE & ENGINEERING. INC. ARCHITECTURAL: PACIFIC ARCH & ENG 310-405-3878 STRUCTURAL: TBD MECHANICAL: TBD ELECTRICAL: TBD ESTIMATING TEAM: ARCH/STRUCT: RW PLUMBING: RW ELECTRICAL: RW CHECKED BY: JF ESTIMATE LEVEL:TWO OPTIONS COMPARISION ESTIMATE TYPE:OPINION OF COST PLAN DATE:2021-05-06, 14 PAGES SPEC DATE:NONE PROJECT TYPE:ADA & NON-ADA UPGRADES PROJECT SCOPE: ESTIMATE BASIS: THE CITY OF ROLLING HILLS IS MODERNIZING THEIR CITY HALL BUILDING WITH ADA UPGRADES IN THE RESTROOMS FOR OPTIONS 1 & 2 AND ADDITIONAL NON-ADA UPGRADES IN OTHER AREAS OF THE FACILITY IN OPTION 1 ONLY. THIS COST ESTIMATE IS DEFINED AS AN “OPINION OF COST” MEANING THAT THE COSTS REFLECTED IN THE ESTIMATE ARE THE CONSIDERED OPINION OF THE ESTIMATOR BASED ON THE CURRENT COSTS OF MATERIAL AND LABOR, UPON INFORMATION AVAILABLE IN PUBLISHED REFERENCE SOURCES, HISTORICAL COST DATA, CLIENT OR VENDOR PROVIDED COST DATA AND THE PERSONAL EXPERIENCE OF THE ESTIMATOR. THE FINAL COST OF THE PROJECT MAY VARY FROM THE ESTIMATOR’S “OPINION OF COST” BASED ON FACTORS BEYOND THE CONTROL OF THE ESTIMATOR SUCH AS, BUT NOT LIMITED TO, THE NUMBER OF GENERAL CONTRACTORS AND/OR SUBCONTRACTORS PARTICIPATING IN THE BID PROCESS; SUDDEN CHANGES IN NATIONAL AND LOCAL MARKET CONDITIONS; THE NATIONAL AND LOCAL ECONOMY; AND DECISIONS MADE BY THE CLIENT. Page 1 of 3 43 PACIFIC ARCH & ENG, INC. 0FFICE: 424-3301721 DATE: 05/17/21 NO: 20-06 REV: 1 COMPETITIVE BIDDING: ESCALATION: WAGE RATES: WORK SCOPE CHANGES: PHASES:NONE PRORATES: AREA SF: GSF GENERAL CONDITIONS:25.0%ADA AREAS 0 DESIGN CONTINGENCY:25.0%NON-ADA AREAS 0 ESCALATION:6.0% INSURANCE & BONDS:1.2% OVERHEAD & PROFIT:25.0%TOTAL BUILDING AREA 0 ESCALATION: ESCALATION (9 MONTHS TO MPC AT 3.5% P/A) ESCALATION PER YEAR:6.0% ESTIMATE DATE:05/17/21 START DATE:01/15/22 CONST. LEN: 6.0 MONTHS FINISH DATE:07/15/22 MID-POINT: 12.0 MONTHS THE PRICES IN THIS ESTIMATE ARE BASED ON COMPETITIVE BIDDING. COMPETITIVE BIDDING IS RECEIVING RESPONSIVE BIDS FROM AT LEASTFIVEORMOREGENERALCONTRACTORSANDTHREEORMORERESPONSIVEBIDSFROMMAJORSUBCONTRACTORSOR TRADES. MAJOR SUBCONTRACTORS ARE CONCRETE, MASONRY, STRUCTURAL STEEL, FRAMING, ROOFING, MECHANICAL, PLUMBING AND ELECTRICAL SUBCONTRACTORS AND ANY OTHER MAJOR COMPONENTS OF THE PROJECT. WITHOUT COMPETITIVE BIDDING, CONTRACTOR BIDS CAN AND HAVE RANGED FROM 25% TO 100% AND MORE OVER THE PRICES IN THIS ESTIMATE, DEPENDING ON THE SIZE OF THE JOB. WITH COMPETITIVE BIDDING, CONTRACTOR BIDS CAN RANGE AS LOW AS 25% BELOW THE PRICES IN THIS ESTIMATE BASED ON CURRENT MARKET CONDITIONS. ESCALATION IS BASED ON 3.5% PER YEAR AND CARRIED FROM THE ESTIMATE DATE TO THE MID-POINT OF CONSTRUCTION. ONE MAJOR FACTOR IN ESCALATION IS INFLATION AND WE MAY BE IN A PERIOD WITH THE POTENTIAL FOR EXTREME INFLATIONARY PRESSURES. THERE ARE TOO MANY VARIABLES TO DETERMINE HOW ESCALATION WILL IMPACT ANY SPECIFIC PROJECT. THERE MAY ONLY BE NEGLIGIBLE IMPACT OR IT MAY BE GREATER THAN PREDICTED. THIS OPINION OF COST IS BASED ON MARKET WAGE-RATES & CONDITIONS AND CURRENTLY APPLICABLE PREVAILING WAGES IN LOS ANGELES COUNTY. THE USER IS CAUTIONED THAT SIGNIFICANT CHANGES IN THE SCOPE OF THE PROJECT, OR ALTERATIONS TO THE PROJECT DOCUMENTS AFTER COMPLETION OF THIS OPINION OF COST ESTIMATE CAN CAUSE MAJOR COST CHANGES. IN THIS CIRCUMSTANCE, TEAM SHOULD BE NOTIFIED AND AN APPROPRIATE ADJUSTMENT MADE TO THIS OPINION OF COST ESTIMATE. Page 2 of 3 44 PACIFIC ARCH & ENG, INC. 0FFICE: 424-3301721 DATE: 05/17/21 NO: 20-06 REV: 1 SUPPLIER PROVIDED QUOTES & OTHER CONTACTS: NONE GENERAL EXCLUSIONS (UNLESS OTHERWISE NOTED): 1. ARCHITECTURAL FEES, ENGINEERING FEES & OTHER SOFT COSTS. 2. THE COST OF LAND & EASEMENT ACQUISITION. 3. ASSESSMENTS, TAXES, FINANCE, LEGAL & DEVELOPMENT CHARGES. 4. COMPRESSION OF SCHEDULE & PREMIUM OR SHIFT WORK. 5. RESTRICTIONS ON THE CONTRACTOR'S WORKING HOURS. 6. BUILDER'S RISK, PROJECT WRAP-UP & OTHER OWNER PROVIDED INSURANCE PROGRAMS. 7. SUSTAINABLE DESIGN & LEED REQUIREMENTS. 8. HAZARDOUS MATERIAL HANDLING, DISPOSAL & ABATEMENT. 9. ENVIRONMENTAL IMPACT MITIGATION. 10. OWNER SUPPLIED & INSTALLED FURNITURE, FIXTURES & EQUIPMENT. 11. LOOSE FURNITURE & EQUIPMENT EXCEPT AS SPECIFICALLY IDENTIFIED. Page 3 of 3 45 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:PROJECT SUMMARY ESTIMATE DATE: 05/17/21 REV: 0 TWO OPTIONS COMPARISION TAB DESCRIPTION ADJ SF UNIT COST TOTAL PROJECT SUMMARY OPT 1 - OFFICES, PUBLIC AREAS & RESTROOMS 3,100 SF $307.36 952,810$ OPT 2 - OFFICES, PUBLIC AREAS & RESTROOMS 2,590 SF $302.85 784,390$ DELTA 168,420$ SPECULATIVE BID RANGE FORECAST BASED ON CURRENT MARKET CONDITIONS AND GENERAL CONTRACTOR BIDDER PARTICIPATION LEVELS % OPTION 1 OPTION 2 1 - 2 GC BIDDERS 100% 1,905,620$ 1,568,780$ 2 - 3 GC BIDDERS 75% 1,667,420$ 1,372,690$ 3 - 4 GC BIDDERS 50% 1,429,220$ 1,176,590$ 4 - 5 GC BIDDERS 25% 1,191,020$ 980,490$ 5 - 6 GC BIDDERS 0% 952,810$ 784,390$ 6 - 7 GC BIDDERS -5% 905,170$ 745,180$ 7 - 8 GC BIDDERS -10% 857,530$ 705,960$ 8 - 9 GC BIDDERS -15% 809,890$ 666,740$ 10 + GC BIDDERS -20% 762,250$ 627,520$ NOTE: THE BASIC CONCEPT IS THAT HISTORICALLY WITH FEWER GC BIDDERS PRICES WILL GENERALLY RISE AND WITH MORE GC BIDDERS PRICES WILL GENERALLY FALL. 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf (F-86) Page 1 of 1 46 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 1 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 3,100 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL OPTION 1 1.10 GENERAL CONDITIONS INCLUDED IN PRORATES - NONE 2.10 SITEWORK 5.1% 8.55 26,500 2.20 DEMOLITION 5.7% 9.57 29,670 3.10 CONCRETE 4.8% 8.04 24,910 6.10 CARPENTRY 11.3% 18.98 58,850 8.10 DOORS & WINDOWS 12.7% 21.37 66,250 9.10 FINISHES 16.4% 27.55 85,420 9.50 TILE 4.6% 7.72 23,930 10.10 SPECIALTIES 1.6% 2.72 8,430 15.10 PLUMBING 7.1% 11.94 37,000 15.20 FIRE PROTECTION 0.9% 1.50 4,650 15.30 HVAC 11.9% 20.00 62,000 16.10 ELECTRICAL 17.9% 30.00 93,000 TOTAL DIRECT COST $167.94 520,610$ PRORATES GENERAL CONDITIONS 20.0% 104,130 DESIGN CONTINGENCY 25.0% 130,160 ESCALATION 6.0% 31,240 SUBTOTAL $253.59 786,140$ CONTRACTOR BURDENS BONDS 1.2% 9,440 OVERHEAD & PROFIT 20.0% 157,230 OPTION 1 - TOTAL PROJECT COSTS $307.36 952,810$ 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 1 of 6 47 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 1 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 3,100 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL 1.10 GENERAL CONDITIONS See Prorates Above. 0.00 - - SUBTOTAL 1.10 $0.00 SF NONE 2.10 SITEWORK Reroute (e) Sewer Line, 4" 165 LF 100.00 16,500 Restore Landscaping & Hardscape (Allowance) 1 LS 10,000.00 10,000 - SUBTOTAL 2.10 $8.55 SF 26,500 2.20 DEMOLITION Mass Demolition Areas (Per SF Allowance) 250 SF 10.00 2,500 Power & Data Trench, 18"w 41 LF 50.00 2,050 Demo for New Restroom Concrete 224 SF 10.00 2,240 Demo Flooring Only (Per SF Allowance) 2,976 SF 5.00 14,880 Haul & Disposal Fees (Allowance) 1 LS 5,500.00 5,500 Sawcutting (Allowance) 1 LS 2,500.00 2,500 - SUBTOTAL 2.20 $9.57 SF 29,670 3.10 CONCRETE New Restroom Sloping Concrete & Substrate 224 SF 35.00 7,840 Float & Level Previous Restroom Floor 70 SF 10.00 700 Concrete Curb, 6" 96 LF 65.00 6,240 Power & Data Trench, 18"w 41 LF 125.00 5,130 Misc. Concrete Work (Allowance) 1 LS 5,000.00 5,000 - SUBTOTAL 3.10 $8.04 SF 24,910 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 2 of 6 48 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 1 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 3,100 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL 6.10 CARPENTRY Rough Carpentry Wood Framed Walls, 2x4 x 134 lf 1,340 SF 20.00 26,800 Wood Framed Furr Walls, 2x4 x 54 lf 540 SF 20.00 10,800 Reframe (e) Door Openings 14 EA 500.00 7,000 Finish Carpentry Lobby Reception Desk 10 LF 650.00 6,500 Misc. Finish Carpentry (Per SF Allowance) 3,100 SF 2.50 7,750 - SUBTOTAL 6.10 $18.98 SF 58,850 8.10 DOORS & WINDOWS Doors, Frames & Std Hardware New Interior Doors, SC Wood, 3'x7' 9 EA 3,250.00 29,250 New Exterior Doors, SC Wood, 3'x7' 4 EA 3,250.00 13,000 New Exterior Doors, SC Wood, 6'x7' 1 PR 6,000.00 6,000 Includes Frames & Standard Hardware Additional Hardware Panic Hardware 5 EA 1,500.00 7,500 Self Closers 14 EA 750.00 10,500 - SUBTOTAL 8.10 $21.37 SF 66,250 9.10 FINISHES Wall Finishes Stucco, Exterior, 3 Coats 1 LS 5,000.00 5,000 Gypboard, Walls, Type X, 5/8" 3,220 SF 5.00 16,100 Insulation/Sound Batts 1,880 SF 2.50 4,700 Misc. Patch & Repair (Per SF Allowance) 3,100 SF 2.50 7,750 Walls include gypboard, sound batts & paint. Flooring Carpet Tiles 2,536 SF 10.00 25,360 Vinyl Base, 4" 670 LF 7.50 5,030 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 3 of 6 49 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 1 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 3,100 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL Ceilings Acoustic Ceiling Tile, 2x4 1,060 SF 7.50 7,950 Gypboard, Ceilings, Type X, 5/8" 230 SF 5.00 1,150 Painting Painting, Walls, 3 Coats 3,220 SF 2.50 8,050 Painting, Ceilings, 3 Coats 230 SF 2.50 580 Paint/Stain Doors 15 EA 150.00 2,250 Misc. Additional Painting (Allowance) 1 LS 1,500.00 1,500 - SUBTOTAL 9.10 $27.55 SF 85,420 9.50 TILE Restrooms Ceramic Tile, Floor 224 SF 25.00 5,600 Ceramic Tile, Wainscot, 4' 336 SF 30.00 10,080 Lobby Ceramic Tile, Floor 216 SF 25.00 5,400 Ceramic Tile, Base 95 LF 30.00 2,850 - SUBTOTAL 9.50 $7.72 SF 23,930 10.10 SPECIALTIES Toilet Partitions & Accessories Toilet Partition, ADA 1 EA 1,500.00 1,500 Toilet Partition, Door & Panel 1 EA 500.00 500 Coat Hooks 3 EA 75.00 230 Grab Bar Sets 2 EA 350.00 700 Mirrors 3 EA 120.00 360 Paper Towel Dispenser & Waste Combo 2 EA 750.00 1,500 Seat Cover Dispensers 3 EA 75.00 230 Soap Dispensers 3 EA 75.00 230 Toilet Paper Dispensers 3 EA 75.00 230 General Building Specialties Corner Guards 8 EA 75.00 600 Markerboards, 6'x4' 1 EA 600.00 600 TV Wall Mounting Bracket 1 EA 750.00 750 Misc. General Building Specialties (Allowance) 1 LS 1,000.00 1,000 - 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 4 of 6 50 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 1 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 3,100 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL SUBTOTAL 10.10 $2.72 SF 8,430 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 5 of 6 51 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 1 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 3,100 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL 15.10 PLUMBING Toilets 3 EA 2,500.00 7,500 Urinals 1 EA 1,500.00 1,500 Lavatories 3 EA 1,000.00 3,000 Plumbing Rough-Ins 7 EA 3,500.00 24,500 Sterilization & Testing 1 LS 1,000.00 500 - SUBTOTAL 15.10 $11.94 SF 37,000 15.20 FIRE PROTECTION Adjust Sprinkler Heads (Per SF Allowance) 3,100 SF 1.50 4,650 - SUBTOTAL 15.20 $1.50 SF 4,650 15.30 HVAC Reconfigure Existing HVAC (Per SF Allowance) 3,100 SF 20.00 62,000 - SUBTOTAL 15.30 $20.00 SF 62,000 16.10 ELECTRICAL Reconfigure Existing Electrical (Per SF Allowance) 3,100 SF 30.00 93,000 - SUBTOTAL 16.10 $30.00 SF 93,000 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 6 of 6 52 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 2 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 2,590 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL OPTION 2 1.10 GENERAL CONDITIONS INCLUDED IN PRORATES - NONE 2.10 SITEWORK 0.0% - NONE 2.20 DEMOLITION 6.1% 9.33 24,170 3.10 CONCRETE 5.1% 7.83 20,290 6.10 CARPENTRY 12.4% 19.15 49,600 8.10 DOORS & WINDOWS 11.7% 18.07 46,800 9.10 FINISHES 16.5% 25.31 65,560 9.50 TILE 4.2% 6.51 16,870 10.10 SPECIALTIES 1.2% 1.83 4,730 15.10 PLUMBING 9.3% 14.29 37,000 15.20 FIRE PROTECTION 1.0% 1.50 3,890 15.30 HVAC 13.0% 20.00 51,800 16.10 ELECTRICAL 19.5% 30.00 77,700 TOTAL DIRECT COST $153.83 398,410$ PRORATES GENERAL CONDITIONS 25.0% 99,610 DESIGN CONTINGENCY 25.0% 99,610 ESCALATION 6.0% 23,910 SUBTOTAL $239.98 621,540$ CONTRACTOR BURDENS BONDS 1.2% 7,460 OVERHEAD & PROFIT 25.0% 155,390 OPTION 2 - TOTAL PROJECT COSTS $302.85 784,390$ 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 1 of 5 53 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 2 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 2,590 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL 1.10 GENERAL CONDITIONS See Prorates Above. 0.00 - - SUBTOTAL 1.10 $0.00 SF NONE 2.10 SITEWORK None - - SUBTOTAL 2.10 $0.00 SF NONE 2.20 DEMOLITION Mass Demolition Areas (Per SF Allowance) 250 SF 10.00 2,500 Power & Data Trench, 18"w 41 LF 50.00 2,050 Demo for New Restroom Concrete 260 SF 10.00 2,600 Demo Flooring Only (Per SF Allowance) 2,264 SF 5.00 11,320 Haul & Disposal Fees (Allowance) 1 LS 4,700.00 4,700 Sawcutting (Allowance) 1 LS 1,000.00 1,000 - SUBTOTAL 2.20 $9.33 SF 24,170 3.10 CONCRETE New Restroom Sloping Concrete & Substrate 186 SF 35.00 6,510 Concrete Curb, 6" 110 LF 65.00 7,150 Power & Data Trench, 18"w 41 LF 125.00 5,130 Misc. Concrete Work (Allowance) 1 LS 1,500.00 1,500 - SUBTOTAL 3.10 $7.83 SF 20,290 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 2 of 5 54 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 2 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 2,590 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL 6.10 CARPENTRY Rough Carpentry Wood Framed Walls, 2x4 x 80 lf 800 SF 20.00 16,000 Wood Framed Furr Walls, 2x4 x 38 lf 380 SF 20.00 7,600 Finish Carpentry Lobby Reception Desk 9 LF 650.00 5,850 Coffee Break, Base Cab 9 LF 450.00 4,050 Coffee Break, Wall Cab 9 LF 350.00 3,150 Misc. Finish Carpentry (Per SF Allowance) 2,590 SF 5.00 12,950 - SUBTOTAL 6.10 $19.15 SF 49,600 8.10 DOORS & WINDOWS New Interior Doors, SC Wood, 3'x7' 13 EA 3,600.00 46,800 Includes Frames & Standard Hardware - SUBTOTAL 8.10 $18.07 SF 46,800 9.10 FINISHES Wall Finishes Stucco, Exterior, 3 Coats 1 LS 5,000.00 5,000 Gypboard, Type X, 5/8" 1,980 SF 5.00 9,900 Insulation/Sound Batts 1,180 SF 2.50 2,950 Misc. Patch & Repair (Per SF Allowance) 2,590 SF 2.50 6,480 Walls include gypboard, sound batts & paint. Flooring Carpet Tiles 2,264 SF 10.00 22,640 Vinyl Base, 4" 530 LF 7.50 3,980 Ceilings Suspended/Framed' Gypboard Ceiling 242 SF 20.00 4,840 Gypboard, Ceilings, Type X, 5/8" 242 SF 2.50 610 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 3 of 5 55 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 2 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 2,590 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL Painting Painting, Walls, 3 Coats 1,980 SF 2.50 4,950 Painting, Ceilings, 3 Coats 242 SF 2.50 610 Paint/Stain Doors 13 EA 200.00 2,600 Misc. Additional Painting (Allowance) 1 LS 1,000.00 1,000 - SUBTOTAL 9.10 $25.31 SF 65,560 9.50 TILE Restrooms Ceramic Tile, Floor 190 SF 25.00 4,750 Ceramic Tile, Wainscot, 4' 404 SF 30.00 12,120 - SUBTOTAL 9.50 $6.51 SF 16,870 10.10 SPECIALTIES Toilet Accessories Coat Hooks 3 EA 75.00 230 Grab Bar Sets 2 EA 350.00 700 Mirrors 3 EA 120.00 360 Paper Towel Dispenser & Waste Combo 3 EA 750.00 2,250 Seat Cover Dispensers 3 EA 75.00 230 Soap Dispensers 3 EA 75.00 230 Toilet Paper Dispensers 3 EA 75.00 230 General Building Specialties Misc. General Building Specialties (Allowance) 1 LS 500.00 500 - SUBTOTAL 10.10 $1.83 SF 4,730 15.10 PLUMBING Toilets 3 EA 2,500.00 7,500 Urinals 1 EA 1,500.00 1,500 Lavatories 3 EA 1,000.00 3,000 Plumbing Rough-Ins 7 EA 3,500.00 24,500 Sterilization & Testing 1 LS 500.00 500 - SUBTOTAL 15.10 $14.29 SF 37,000 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 4 of 5 56 PROJECT:ROLLING HILLS CITY HALL RENOVATIONS JOB NO.: 20-06 LOCATION:ROLLING HILLS, CALIFORNIA PREPARED BY: RW CLIENT:CITY OF ROLLING HILLS CHECKED BY: JFH DESCRIPTION:OPTION 2 - OFFICES, PUBLIC AREAS & RESTROOMS ESTIMATE DATE: 05/17/21 ADJUSTED GSF: 2,590 REV 0 TWO OPTIONS COMPARISION ITEM # DESCRIPTION QUANTITY UNIT COST TOTAL 15.20 FIRE PROTECTION Adjust Sprinkler Heads (Per SF Allowance) 2,590 SF 1.50 3,890 - SUBTOTAL 15.20 $1.50 SF 3,890 15.30 HVAC Reconfigure Existing HVAC (Per SF Allowance) 2,590 SF 20.00 51,800 - SUBTOTAL 15.30 $20.00 SF 51,800 16.10 ELECTRICAL Reconfigure Existing Electrical (Per SF Allowance) 2,590 SF 30.00 77,700 - SUBTOTAL 16.10 $30.00 SF 77,700 5/19/2021 Rolling Hills City Hall Renovations 20% SD Estimate Rev 0 Options 1&2_jf Page 5 of 5 57 58 59 60 Agenda Item No.: 8.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WORLDWIDE PRODUCTION LLC TO PRODUCE CANYON MANAGEMENT EDUCATIONAL VIDEOS. DATE:October 25, 2021 BACKGROUND: In April 2021, the City Council engaged Worldwise Productions LLC (Worldwise) to produce educational videos on home hardening. The project was led by the Lead Block Captains Gene Honbo and Block Captain Debra Shrader. The home hardening videos were complimentary to the effort by the Block Captain Program to have residents' receive a home inspection by the Los Angeles County Fire Department Forestry Division, Trevor Moore. Five short videos were produced and at the May 24, 2021 City Council meeting, staff showcased the final product. Since then, the educational videos have been used by the Block Captains to educate the community, encouraging residents to hardening their homes. The Block Captains noted at the recent October 2021 meeting that the use of videos to educate the community is effective, simple, and the best way to reach the community. As of June 25, 2021, just over one month after official release, the home hardening educational videos received a total of 407 views. In April 2021, the City Council held a focus group to solicit the community's input on vegetation management in the canyons. The City Council also directed the Fire Fuel Committee of the City Council to analyze the data from the focus group and develop recommendations to support efforts to remove fire fuel in the canyons. The Fire Fuel Committee met frequently since May 2021 and the Committee's work is ongoing. One of the action items that the Fire Fuel Committee discussed is to produce educational videos to help the community understand the appropriate ways to manage fuel in the canyons. DISCUSSION: In August 2021, Lead Block Captains Gene Honbo worked on a storyboard on managing fuel in the canyons. Mr. Honbo and Mrs. Shrader engaged Worldwise to discuss a scope of work for additional educational videos. On September 30, 2021, Mr. Honbo invited Worldwise Principal and Executive Producer to tour the canyons in the community. 61 Worldwise provided a proposal in early October 2021, and estimated that the videos would require two full days of shooting, and one full day of aerial shoot (via drone). The entire production would cost $24,950. FISCAL IMPACT: There is sufficient funding in the adopted FY 2021-2022 budget under emergency preparedness for the educational videos on fire fuel management in the canyons. RECOMMENDATION: Engage Worldwise Production LLC for service, and direct staff to prepare a Professional Services Agreement. ATTACHMENTS: Rolling Hills Canyon Management Videos Proposal 10.8.21.pdf 62 Page 1 of 4 WORLDWISE RECYCLES PLEASE RECYCLE TOO Jinah Kim WorldWise Productions 1829 Seasons St Simi Valley, CA 93065 October 8, 2021 Elaine Jeng City Manager City of Rolling Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Dear Elaine, Thank you very much for giving WorldWise Productions the opportunity to partner with your city in creating a public education video about canyon management. As the producer of thousands of training, educational and marketing videos for large public agencies and corporate clients nation-wide, we come with years of relevant and professional experience that will benefit your project. Based on what we discussed, we estimate the following: Canyon Management – Educational Videos SCOPE • Consult with client to understand the goals of the video. • Create a clear, informative video script with visual references. • Schedule shoot, talent and crews. • Shoot high-quality, professional video on-site in Rolling Hills. • Produce 7 videos, each up to 3 minutes in length on a variety of topics about canyon management. • WWP to incorporate motion graphics to create informative, engaging videos. • First draft of videos will be delivered to client via private website link. • Client is entitled to one round of editing revisions per video. * • If revisions are requested, we will make the edits and deliver version 2 of each video. • Once the final videos are approved, we will send downloadable video files. 63 Page 2 of 4 WORLDWISE RECYCLES PLEASE RECYCLE TOO Pre-Production 1. Script writing, research: $3,000 2. Site survey: $350 3. 10 hours pre-production: $600 • Includes pre-interviews, calls, research, scheduling, concept creation, etc. Production 1. 2 full shoot days – (up to 10 hours from arrival to departure): $5,000 a. Videographer, 4K camera package, light package, basic audio: $1,600/day b. Producer / Director / Script Supervisor / Talent Coach: $750/day c. Teleprompter rental: $300 (one day) 2. 1 full aerial shoot day – (up to 10 hours from arrival to departure: a. Drone videography, 4K camera (FAA licensed): $850 b. Producer / Director: COMP Post-Production 1. 14 days video editing: $13,300 2. 10 hours motion graphics: $2,000 3. Copyright-free music: $700 4. Closed captioning: $350 Total production estimate: $26,150 Courtesy discount: -$1,200 Total cost: $24,950 The shoot includes: On-camera direction and coaching. HD camera package, all necessary gear, basic lights and audio. Professional and experienced production crew. Light hair & makeup. Full day is 10 hours from arrival to departure. The edit includes: Ingesting of all raw footage into digital files, color correction, audio mixing, graphics incorporation. The first edits will be delivered to client online for review. The link to the videos can be emailed to as many stakeholders as needed. 64 Page 3 of 4 WORLDWISE RECYCLES PLEASE RECYCLE TOO *The client is then entitled to one editing revision of each video, free of charge. This complimentary edit does not apply to script and content that were approved prior to production, or to any changes that would be considered out-of-scope of the original project parameters. Those, and additional revisions will be billed at $150 per hour. Once the videos are approved and finalized, the client receives the final products on a computer- and-web-friendly HD format (.mov, mp4, etc..). Overtime beyond 10 hours for the shoots will be billed at time-and-a-half per crew member. Upon request, WWP will give client all the raw footage. However, all project files remain the property of WorldWise Productions, unless otherwise agreed-upon. Client must provide the hard drive and shipping costs. Once this proposal is accepted and finalized, client will be responsible for an up-front retainer of 50% of the estimated cost of the selected project immediately. The remainder of the fee shall be paid upon delivery of the final product. Client agrees that all provided and/or taped material is or will be legally approved for agreed upon use and agrees to be fully responsible for any copyright and usage issues, thereby releasing any and all liability from WorldWise Productions. Client shall own all copyright rights in the works, including without limitation the right to make and distribute copies and to create derivative works. Client agrees to allow WorldWise Productions to use the final product for demonstration and resume purposes. Upon acceptance of the proposal, please sign. Mail a check for the 50% retainer to: WorldWise Productions 1829 Seasons St. Simi Valley, CA 93065 Client accepts this proposal and grants permission to proceed with project(s): ____________________________________Date ____________________________________ Signature ____________________________________Print Name 65 Page 4 of 4 WORLDWISE RECYCLES PLEASE RECYCLE TOO Sincerely, Jinah Kim Principal & Executive Producer WorldWise Productions Jinah@WWPVideo.com (877) WWP-Video x701 (direct) www.WWPVideo.com 66 Agenda Item No.: 8.B Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ASHFORD BALL, SENIOR MANAGEMENT ANALYST THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER ENGAGING THINK MARKETING AGENCY TO PROVIDE OUTREACH AND MARKETING SUPPORT THE EDUCATIONAL INITIATIVES OF THE BLOCK CAPTAIN PROGRAM. DATE:October 25, 2021 BACKGROUND: Based on the experiences of the Block Captains in the last two years, the Block Captain Program lacks the marketing expertise and resources needed to present educational documents that are reliable and sustainable for community use. DISCUSSION: Think Marketing Agency is a full-service marketing communication, advertising and digital agency located in Beverly Hills, California. They specialize in building brands and constructing creative programs to connect with people. THINK Marketing Agency provided a proposal to provide as-needed services for one year (12 month period) to develop documents, programs, and campaigns that bolster the City’s educational initiatives. The first project to be completed will be the Block Captain’s Evacuation map and Evacuation procedures brochure. Other potential projects: 1. Community campaign for native plants vs. non-native plants landscaping 2. Informative brochure or pamphlet for education on fire safe plants and effective vegetation trimming 3. Awareness/education on weed and fuel abatement 4. Campaign on water & resource conservation 5. New homeowners welcoming brochure 67 An agreement with Think Marketing is not a public works contract for a public project. So, it is not subject to competitive bidding requirements for public projects under the Public Contract Code. Under the Government Code, a city may contract with and employ any person or entity to provide professional/special services and advice in finance, economic, accounting, engineering, legal, or administrative matters if the entity is specially trained and experienced and competent to perform the services. (Gov't Code Section 53060.) A city would not need to go through a bidding process for these services because the City is entitled to select any specially trained person who has the necessary skills. Here, Think Marketing is providing professional marketing services by providing strategic campaign services related to fire safety. For this reason, the City does not need to go through a bidding process. It can pick any entity that is trained and experienced and competent to perform the services. (Gov't Code Section 53060; RHMC Section 3.04.070.) FISCAL IMPACT: Think Marketing Agency proposes to charge $150 per hour for professional services. Based on the current education projects for the Block Captain Program, staff anticipates that one of the projects would need an estimated 65 hours with contingency of 35 hours left for other projects for a total of 100 hours or $15,000. If the projects can be accomplished in lesser time, the anticipated expenditure would decrease. Staff also recommends a contingency of $5,000 for a total contract amount of $20,000. There is sufficient budget in the FY 2021-2022 adopted budget under emergency preparedness to engage Think Marketing Agency for service. The City would utilize Think Marketing on an "as-needed' basis providing flexibility for other services outside the Block Captain Program. RECOMMENDATION: Consider engaging Think Marketing Agency for service and direct staff to prepare a Professional Services Agreement. ATTACHMENTS: THINK Marketing Proposal- 09.07.21.pdf 68 © 2021 Think Marketing. For internal City of Rolling Hills use only. Page 1 of 4 Ashford Ball City of Rolling Hills aball@cityofrh.net (310) 377-1521 Dear Ashford: Thank you for allowing Think Marketing the opportunity to assist you with your communications needs. The goal of this document is to outline a general scope of work to develop a strategic campaign—and the associated deliverables—for your community that will help residents become aware of various actions they can take to help improve or protect their properties, and in some cases, save lives. We look forward to providing you with the support and solutions that will help you further your objectives and keep the City of Rolling Hills and its residents informed and safe. Attached is our Engagement Proposal. Sincerely, Erin Mills Think Marketing 69 © 2021 Think Marketing. For internal City of Rolling Hills use only. Page 2 of 4 Engagement proposal for We don’t just make things pretty. We make things work. When businesses need smart marketing solutions that deliver results—they turn to Think Marketing. 70 © 2021 Think Marketing. For internal City of Rolling Hills use only. Page 3 of 4 Strategic Campaign Development Think Marketing will develop a creative campaign concept that can help the City of Rolling Hills to communicate a variety of subjects to its residents. By developing a campaign, the communications can have more impact than individual pieces and consistency can also help residents recognize the communications as important content from the city, as well as help them to better absorb or act on the content. Our Process:  Creative brief  Creative concepting/development; extensible creative platform development  In order to speed delivery of first deliverable (Evacuation Procedure Brochure), we will deliver the concept via a creative execution of brochure covers along with a couple other below deliverables as simple comps to show the extensibility of the campaign  Development of 2-3 initial creative campaign concepts/directions  Image search and selection  2-3 rounds of refinement for selected campaign concept Deliverables/Executions:  Evacuation Procedure Brochure o Layout of full brochure (11X17” folded with content and evacuation map drawing provided) based on selected direction o Print files o Working with existing printers provided by the City of Rolling Hills, we will receive quotes and perform paper selections. If printers are required, Think can provide or source some. o Print management  Campaign for Native plants, Fire abatement, and Landscaping in partnership with PVP Land Conservancy o Exact deliverables TBD, but for estimation purposes, three tri-fold pamphlets (8.5X11” folded) detailing the above topics o Virtual meetings with PVP Land Conservancy to extract key content to be developed and detailed within collateral o Layout of pamphlets o Content development (copywriting) o Image search and selection o Print files o Working with existing printers provided by the City of Rolling Hills, we will receive quotes and perform paper selections. If printers are required, Think can provide or source some. o Print management  Gardening/Weed Abatement Brochures (Doorknob hangers) in partnership with the Enforcement Code Officer o For purposes of estimation, two doorknob hangers/flyers detailing the above topics o Virtual meetings with Enforcement Code Officer to extract key content to be 71 © 2021 Think Marketing. For internal City of Rolling Hills use only. Page 4 of 4 developed and detailed on collateral o Layout of doorknob hangers/flyers o Content development (copywriting) o Image search and selection o Print files o Working with existing printers provided by the City of Rolling Hills, we will receive quotes and perform paper selections. If printers are required, Think can provide or source some. o Print management  Campaign for Water Conservation in partnership with Cal Water o Discuss and explore developing a collateral piece(s) to share water conservation tips with residents (FAQs, planting tips, did you knows, etc.). Content can be developed in partnership with Cal Water, if possible. o For purposes of estimation, two flyers or buckslips that can be handed out at events, provided via mail or formatted for email. o Virtual meeting with Cal Water to discuss opportunities for partnering or content development o Layout of flyers o Content development (copywriting) o Image search and selection o Print files o Working with existing printers provided by the City of Rolling Hills, we will receive quotes and perform paper selections. If printers are required, Think can provide or source some. o Print management  Optional, as budget allows: Website “New Homeowners” category o Explore packaging the above material’s and content into an online/digital “welcome kit” that can be available on the city website in order to assist new residents with becoming familiar with important topics for the community. Think Fee Structuring Process We use a Statement of Work (this document) along with a Letter of Agreement to establish terms for engagement. Any work or expenses outside of the Statement of Work will be quoted separately and approved by the City of Rolling Hills. The below to be treated as a budget and work to be performed hourly ($150 per hour) to help the City of Rolling Hills achieve its communications objectives; the City of Rolling Hills may adjust deliverables and priorities as needed. Project Budget Strategic Campaign Development and Execution of Creative Deliverables $26,250 - $33,750 72 Agenda Item No.: 8.C Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:APPROVE THE PROPOSAL FROM ALAN PALERMO CONSULTING TO PROVIDE PROJECT MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENT PROJECTS FOR FISCAL YEAR 2021-2022. DATE:October 25, 2021 BACKGROUND: In July 2019, the City Council engaged the services of Alan Palermo Consulting (APC) to manage the City's capital improvement projects for Fiscal Year 2019-2020 for four projects: construction of tennis courts ADA improvements, City Hall ADA improvements, sewer feasibility study phase II, and 2019/2020 annual signage and striping project. The 2019/2020 annual signage and striping project was completed in April 2020. The sewer feasibility study phase II was completed in May 2020. APC assisted in preparing a design Request for Proposal for the 8" sewer main along Rolling Hills and the City Council engaged NV5 for the engineering design of the 8" line on August 24, 2020. In September 2020, the City Council amended APC's contract to include additional budget for managing additional projects. The capital improvement projects for Fiscal Year 2020-2021 comprised of the design of the City Hall ADA improvements, the design of the 8" sewer main along Rolling Hills, Block Captain Program communications project, Proposition 68 Per Capita Program allocation, the Crest Road East Utility Undergrounding grant project and a small budget for coordinating with the Rolling Hills Community Association on tennis courts ADA improvements. APC assisted in giving the City's Proposition 68 Per Capital Program allocation to Rolling Hills Estates for the Nature Center project. The design of the 8" sewer main is complete and being reviewed by adjacent agencies. The Block Captain Program communication project will have a report by HQE Systems in November 2021 on their findings for a siren system in Rolling Hills. The Crest Road East Utility Undergrounding project initiated design with Southern California Edison (SCE) and outreach to the property owners long the project areas was initiated by APC. With the hiring of the Senior Management Analyst, the utility undergrounding project was reassigned to the staff in August 2021. SCE anticipates completing the design of the project in 2022. 73 APC's project management contract expired on September 1, 2021. The total contract amount of $74, 240 (original contract and first amendment), $44,880 was expended for Fiscal Year 2019-2020, and Fiscal Year 2020-2021. The remaining about on the contract is $29,360 as of September 30, 2021. DISCUSSION: To meet project management needs for Fiscal Year 2021-2022, APC was asked to provide a proposal for services for the following projects: Design of the 8" sewer main and the advertisement for construction bids; Feasibility study for Middleridge/Williamsburg Lane sewer connection to the 8" sewer main; Design of City Hall ADA improvements; Design of City Hall solar emergency power including the removal of the existing standby generator; Block Captain Program siren feasibility project; Eastfield Utility Undergrounding grant project - if the City is successful in securing the grant; and Grant pursuit assistance. APC's proposed cost for services in Fiscal Year 2021-2022 is $58,560. Staff recommends a new contract with APC for Fiscal Year 2021-2022 based on APC's proposal dated August 30, 2021. FISCAL IMPACT: With a remaining budget of $29,360 on APC's existing contract, an additional budget of $29,200 ($58,560 - $29,360) is needed. The additional budget can be funded from the Administration Department contractual services. RECOMMENDATION: Engage APC for project management services for Fiscal Year 2021-2022 and direct staff to prepare a Professional Services Agreement. ATTACHMENTS: Alan Palermo Agreement - Signed_July_2019.pdf Alan Palermo Service Agreement FINAL 2020.28.09.pdf 2021.08.30 City of Rolling Hills RH003R1.pdf Invoice No. 024 - RH002.pdf 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Alan Palermo Consulting 2412 Prospect Ave, Hermosa Beach, California 90254 / (310) 717-3244 August 30, 2021 2021-RH003 Ms. Elaine Jeng City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Professional Services – Project Management Services/Consulting Agreement for CIP and Special Projects Dear Mr. Jeng: Thank you for the opportunity to be of continued service to the City of Rolling Hills. Pursuant to our discussion and information provided by the City, Professional and Project Management services will be provided as directed by the City of Rolling Hills for the following projects for the period 8/30/21 through 8/31/22: 1) Project Management for the Design of the 8-inch sewer main along Portuguese Bend Road/Rolling Hills Road: a) Continued oversight of design consultant to finalize improvement plans, serve was the city’s representative with outside agencies relevant to the project, review design plans, conduct outreach meetings with the community as needed/requested, and provide assistance with internal functions relevant to the project including drafting of staff reports. b) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid Documents to solicit construction bids for the Sewer Improvements, manage bid process and preparation of Construction Contract with selected contractor. c) Prepare RFP and evaluate proposals for Construction Management/Inspection of Improvements d) Project Management during Construction Phase (Not: Construction tentatively scheduled to begin no earlier than June 2022. Services may need to extend into 2022-2023 consulting contract) 2) Project Management for Middleridge Road / Williamsburg Lane Sewer: a) Continued oversight of consultant to finalize Feasibility Study of sewer conveyance options for Middleridge Road and Willamsburg Lane. Provide assistance with internal functions relevant to the project including drafting of staff reports. b) Project Management for next phase in project (Preliminary Design Options, Design RFP, Other?) 97 Alan Palermo Consulting 3) Project Management for the Design of City Hall ADA Improvements per the City’s Transition Plan: a) Continued oversight and coordinate completion of Construction Documents for the City Hall ADA Improvements with the City’s selected Consultant (Pacific Architecture). Provide assistance with internal functions relevant to the project including drafting of staff reports. b) Upon completion of ADA Improvement Construction Documents, prepare Bid Documents to solicit construction bids for the ADA Improvements. manage bid process and preparation of Construction Contract with selected contractor. (Note: Construction not expected to begin until 2022-2023 Fiscal Year) 4) Project Management for City Hall Emergency Power Project: a) Continued oversight design consultant, serve was the city’s representative with RHCA and coordinate completion of Construction Documents for the City Hall Emergency Power Project with the City’s selected Consultant (Pacific Architecture. Provide assistance with internal functions relevant to the project including drafting of staff reports. b) Upon completion of Emergency Power Improvement Plan Construction Documents, prepare Bid Documents to solicit construction bids for the Building/Power Improvements 5) Project Management for Emergency Communications Project: a) Work with the City and HQE Systems to evaluate the best and the most appropriate emergency communication systems for City use during emergencies. b) Provide Project Management and support for next phase in project after City decision on system(s) to implement. 6) Project Management for implementing the Eastfield Utility Undergrounding Project: a) Eastfield Utility Undergrounding Project - grant application (City expects to be awarded the grant in the next 3 months, ~ November 2021)) b) Submit required CalOES/FEMA reports, correspondence, and forms. c) Initiate project with SCE and hand off project to internal staff. 7) Grant Writing Support / Assistance: a) Provide supporting information / technical guidance in support of the City’s efforts to submit applications for grant funding for Capital Improvement Projects. b) Coordinate with City’s Grant Writer in providing information for Project grant application. 98 Alan Palermo Consulting Services will be provided at the specified hourly rate of One hundred sixty ($160) dollars per hour. Services are estimated at the schedule listed below for the time periods listed. Project Description Time Period Total Hours Total Fee 1 Project Management for the Design of the 8-inch sewer main along Portuguese Bend Road/Rolling Hills Road 8/30/2021 - 8/31/2022 90 $ 14,400 2 Project Management for Middleridge Road / Williamsburg Lane Sewer: 8/30/2021 - 8/31/2022 40 $ 6,400 3 Project Management for the Design of City Hall ADA Improvements per the City’s Transition Plan 8/30/2021 - 8/31/2022 80 $ 12,800 4 Project Management for City Hall Emergency Power Project: 8/30/2021 - 8/31/2022 60 $ 9,600 5 Project Management for Emergency Communications Project 8/30/2021 - 8/31/2022 40 $ 6,400 6 Project Management for implementing the Eastfield Utility Undergrounding Project 8/30/2021 - 8/31/2022 40 $ 6,400 7 Grant Writing Support / Assistance 8/30/2021 - 8/31/2022 16 $ 2,560 Total Hours 366 Total Fee $ - $ 58,560 In that regard, please find enclosed our Standard Provisions of Agreement for your review. Should you have any questions, please do not hesitate to call me at (310) 717-3244. Sincerely, Alan Palermo Consulting Alan M. Palermo Alan Palermo, P.E. Principal/Owner 99 Alan Palermo Consulting STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND ALAN PALERMO CONSULTING Client and Consultant agree the following provisions are part of their Agreement: 1. Consultant Responsibilities: Consultant shall perform its services in accordance with generally accepted standards of professional practice in Southern California in effect at the time of performance. Consultant makes no warranty, either express or implied, as to its findings, recommendations, plans, specifications, surveys, or professional advice. Consultant’s services will be performed for the benefit of Client and not for any third-party beneficiary. Consultant is an independent contractor and not an employee of Client. 2. Insurance: Consultant shall obtain and maintain in full force, at its own expense, liability insurance coverage as required by the client and agreed to by Alan Palermo Consulting. 3. Indemnification: Each party shall hold harmless and indemnify the other party from and against liability arising from the indemnifying party’s negligent acts, errors, or omissions. If other parties are liable in addition to the indemnifying party, the indemnifying party shall pay only an amount proportional to its degree of culpability. 4. Documents: All of Consultant’s work product and other documents prepared under this Agreement are instruments of service. Consultant grants ownership to Client of its documents prepared under this Agreement, provided Client has paid Consultant all amounts to which the Consultant is entitled. Consultant shall not be liable for the use of its plans, specifications, surveys, and other documents on a project other than that for which they were prepared. 5. Exclusions from Service: Consultant is not responsible for the detection, presence, handling, removal, abatement, or disposal of asbestos or hazardous or toxic substances, products or materials. The Consultant is not responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, since these are solely the construction contractor’s rights and responsibilities. If Consultant is requested to review anything from a construction contractor or supplier, the review is for the limited purpose of checking for conformance with information given and the design concept expressed in the construction documents, and not for the purpose of determining accuracy or completeness or safety precautions, all of which remain the construction contractor’s responsibility. Consultant does not perform geotechnical services and is not responsible for soils or geological conditions. 6. Cost Estimates: Since the Consultant has no control over the cost of labor, materials or equipment, over the construction contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions, the Consultant cannot and does not warrant or represent that bids will not vary from any estimates of construction cost. 7. Delays: Consultant is not responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including but not limited to strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or promptly 100 Alan Palermo Consulting approve or disapprove of Consultant’s services or instruments of service, or faulty performance or delay by Client, contractors, or government agencies. 8. Suspension of Services: Client may suspend the Consultant’s performance of services by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of suspension. Consultant may suspend its services if Client fails to pay undisputed amounts of Consultant’s invoices within sixty days of receipt of invoice or if Client files or has filed against it a petition under the Bankruptcy Code. The Client and Consultant will re-negotiate the fee if the period of suspension exceeds ninety days. 9. Termination of Services: Client may terminate this Agreement by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of termination. Consultant may terminate this Agreement upon ten days notice of breach by Client, including nonpayment of undisputed fees, provided Client does not cure such breach within ten days of notice of breach. Client shall pay Consultant for all services performed prior to the effective date of termination. 10. Assignment: Neither party may assign this Agreement without the prior written consent of the other. 11. Services: Professional Services shall be provided at the hourly rate stipulated in this agreement unless Client and Consultant enter into a project specific agreement. 101 Alan Palermo Consulting SCHEDULE OF BILLING RATES Effective January 1, 2021 Principal/Owner $160.00/Hour Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client. Note 2: Reimbursable Expenses: Client shall pay the cost of any applicable reimbursable expenses, plus 15%, incurred on Client's behalf. If requested, Alan Palermo Consulting will provide a computer printout, which details these costs. 102 Alan Palermo Consulting 2412 Prospect Avenue; Hermosa Beach, CA 90254 Ms. Elaine Jeng, City Manager September 27, 2021 City of Rolling Hills Invoice No. RH002-024 2 Portuguese Bend Road CIP Project Management Rolling Hills, CA 90274 Contract Amount: $74,240 Professional Services From August 29, 2021 through September 25, 2021 Rolling Hills - CIP Project Management Date Hours Hourly Rate Total Tennis Court Improvements Proj. Management $160.00 $0.00 Sub-total TCI 0.0 $0.00 City Hall ADA Design / Const. Proj. Management 08/30/21 0.5 $160.00 $80.00 Proj. Management 08/31/21 0.5 $160.00 $80.00 Proj. Management 09/01/21 0.5 $160.00 $80.00 Proj. Management 09/07/21 0.5 $160.00 $80.00 Proj. Management 09/08/21 0.5 $160.00 $80.00 Proj. Management 09/09/21 0.5 $160.00 $80.00 Proj. Management 09/14/21 0.5 $160.00 $80.00 Proj. Management 09/17/21 0.5 $160.00 $80.00 Proj. Management 09/20/21 0.5 $160.00 $80.00 Proj. Management 09/21/21 0.5 $160.00 $80.00 Proj. Management 09/22/21 0.5 $160.00 $80.00 Proj. Management 09/23/21 1.5 $160.00 $240.00 Proj. Management 09/24/21 0.5 $160.00 $80.00 Sub-total CH ADA 7.5 $1,200.00 Sewer Design / Const. Proj. Management 08/30/21 0.5 $160.00 $80.00 Proj. Management 08/31/21 0.5 $160.00 $80.00 Proj. Management 09/01/21 0.5 $160.00 $80.00 Proj. Management 09/02/21 0.5 $160.00 $80.00 Proj. Management 09/03/21 0.5 $160.00 $80.00 103 Alan Palermo Consulting 2412 Prospect Avenue; Hermosa Beach, CA 90254 Proj. Management 09/07/21 2.0 $160.00 $320.00 Proj. Management 09/08/21 0.5 $160.00 $80.00 Proj. Management 09/09/21 1.0 $160.00 $160.00 Proj. Management 09/14/21 0.5 $160.00 $80.00 Proj. Management 09/21/21 1.5 $160.00 $240.00 Proj. Management 09/22/21 0.5 $160.00 $80.00 Proj. Management 09/23/21 0.5 $160.00 $80.00 Sub-total SS 9.0 $1,440.00 Block Captain Program Proj. Management 09/13/21 0.5 $160.00 $80.00 Sub-total CH ADA 0.5 $80.00 Per Capita Program Proj. Management $160.00 $0.00 Sub-total Per Capita 0.0 $0.00 FEMA Grant Program Proj. Management $160.00 $0.00 Sub-total Annual S/S 0.0 $0.00 Total this Invoice 17.00 $ 2,720.00 104 Alan Palermo Consulting 2412 Prospect Avenue; Hermosa Beach, CA 90254 Contract Summary: Contract: Rolling Hills CIP Proj. Mg'mt. Contract Amount Current Invoice Previous Invoices Total Invoiced to Date Contract Balance Tennis Courts Imp. $9,600 $0.00 $0.00 $0.00 $9,600.00 City Hall ADA Design/Const $16,000 $1,200.00 $11,600.00 $12,800.00 $3,200.00 Sewer Design/Const $14,720 $1,440.00 $13,360.00 $14,800.00 -$80.00 Block Captain Program $6,400 $80.00 $4,560.00 $4,640.00 $1,760.00 Per Capita Program $11,520 $0.00 $4,320.00 $4,320.00 $7,200.00 FEMA Grant Program $16,000 $0.00 $8,320.00 $8,320.00 $7,680.00 Totals $ 74,240 $2,720.00 $42,160.00 $44,880.00 $29,360.00 105 Agenda Item No.: 9.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:SPECIAL STUDIES RELATING TO SB 9. (MAYOR BEA DIERINGER) DATE:October 25, 2021 BACKGROUND: At the September 13, 2021 City Council meeting, Mayor Bea Dieringer requested staff to present a provision in Senate Bill (SB) 9 that stated "a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of evidence, that the proposed housing development would have a specific, adverse impact, as defined and determined in paragraph 2 of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." The September 13, 2021 staff report is included with this report. DISCUSSION: In October 2021, Mayor Dieringer attended a workshop that included a presentation on the City of Laguna Beach's Evacuation Time Estimate Study. In October 2019, the City of Laguna Beach hired KLD Engineering to perform the study and to create a Disability Access & Functional Needs registry/database for $192,020. The City of Laguna Beach's staff report on the hiring of KLD Engineering, the City's Laguna Beach's Request for Proposal to perform the Evacuation Time Estimate Study and the link to the aforementioned study are included with this report. Located in a high fire severity zone, densification allowed by SB 9 may create public safety issues in Rolling Hills with narrow roadways, changing elevations and difficult terrain. Mayor Dieringer proposes to conduct a similar Evacuation Time Estimate study for Rolling Hills to understand the potential safety impacts as a result of SB9. FISCAL IMPACT: Mayor Dieringer contacted KLD Engineering and discussed a similar scope of work for the City of Rolling Hills. According to Mayor Dieringer, KLD Engineering estimated the effort to perform a similar study to Laguna Beach would cost between $30,000 to $40,000. The Evacuation Time Estimate study is not budgeted in the FY 2021-2022 adopted budget. If the City Council should move forward with an Evacuation Time Estimate study, additional budget will need to be allocated from the City's reserve. 106 RECOMMENDATION: Receive a presentation from Mayor Bea Dieringer. ATTACHMENTS: RHStaffReport_September13-2021_SB9_SB330.pdf LagunaBeach_Staff_Report.pdf Evacuation Time Estimate Study RFP July 2019.pdf 107 Agenda Item No.: 9.B Mtg. Date: 09/13/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER SPECIAL STUDIES AS ALLOWED BY SB 330, HOUSING CRISIS ACT OF 2019 AND SB 9, HOUSING DEVELOPMENT. (MAYOR DIERINGER) DATE:September 13, 2021 BACKGROUND: Senate Bill No. 9 states the following: (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Referenced above is the following section contained in SB 330: (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate- income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following: (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. 108 DISCUSSION: SB No. 9 cites SB 330 paragraph (2) of subdivision (d) of 65589.5 which allows a local agency to disapprove a housing development if it makes written findings, based upon a preponderence of the evidence, that the proposed development would cause specific adverse impact to public health or safety and there is no way to feasibly mitigate it without rendering it financially infeasible. A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. FISCAL IMPACT: None. RECOMMENDATION: Presentation from Mayor Dieringer. ATTACHMENTS: Senate Bills.docx 109 110 111 Laguna Beach Police Department REQUEST FOR PROPOSAL For a Evacuation Time Estimate Study July 31, 2019 112 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 2 Police Department INDEX SECTION I. General Information Page 3 II. Receipt of Proposals Page 3 III. Requests for Information Page 3 IV. City Information Page 4 V. Scope of Work Page 5 VI. Contents of Proposal Page 9 VII. Addendum Page 10 VIII. Contract Award Page 10 IX. Proposal Development Page 10 X. Non-Obligation Page 10 XI. Selection Criteria Page 10 XII. Selection Procedures Page 10 XIII. Schedule Page 11 113 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 3 Police Department I. General Information The City of Laguna Beach, California is seeking a qualified consultant to coordinate, facilitate, and prepare a Evacuation Time Estimate (ETE) Study. Laguna Beach is a well-known beach community that has a very unique topography which consists of canyons, hills, and 8 miles of coastline. Due to its topography, the City has limited ingress/egress routes and over 88 percent of the city is within the Very High Fire Severity Zone designated by Cal Fire. A completed study will help provide clarity for potential bottlenecks in traffic and if a staged evacuation is possible. Due to climate and land use changes, wildfires are occurring more frequently in the State of California. The Camp Fire in November 2018 was the deadliest and most destructive wildfire in California history to date. The devastation caused by this wildfire highlights the need for an effective evacuation plan to move people away from impact areas as expeditiously as possible given the roadway system. Consultant shall submit their proposals to the City of Laguna Beach Police Department by August 14, 2019 II. Receipt of Proposals Interested parties should provide the following reproductions of proposals, signed by an officer of the firm who is authorized to execute legally binding agreements: • Three (3) bound copies of the proposal • Flash drive with PDF copy of proposal The proposals shall be delivered to: Jordan Villwock, Emergency Operations Coordinator Laguna Beach Police Department 505 Forest Avenue Laguna Beach, CA 92651 III. Requests for Information (RFI) Should a Consultant require additional information prior to submitting a proposal, please send requests to Jordan Villwock via email at jvillwock@lagunabeachcity.net. Responses will be posted on the City website in the form of an Addendum. The deadline to submit an RFI is August 7, 2019. 114 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 4 Police Department IV. City Information The City of Laguna Beach is a General Law City with a City-Manager form of government. It is located on the south-central coast of Orange County in Southern California, 54 miles southeast of Los Angeles and 71 miles northwest of San Diego. Neighboring cities are Newport Beach and Irvine to the north and the cities of Laguna Hills, Aliso Viejo, and Laguna Niguel to the east, and Dana Point to the South. The City is approximately 9 square miles, bound between miles of coastline and foothills and several thousand acres of protected wilderness open space. There are only three ingress and egress routes in the City, State Route 133 and North and South Pacific Coast Highway. Laguna Beach currently serves an approximate population of 25,000 people living in approximately 13,000 dwellings. In addition to our residents, Laguna Beach has over 6 million tourists visit the City each year to take advantage of our warm climate and beaches. The City is a full-service municipality, including police, fire, and marine safety. Currently we have 275 full-time employees and hire up to 150 part-time staff members. The Police Department operates with 54 sworn officers and an additional 44 non-sworn professional staff members. The Fire Department serves the City from 4 strategically placed fire stations and operates a brush engine and a Cal-OES engine. The Marine Safety Department has a staffing level of 9 full-time lifeguards and an additional 3 full-time equivalent positions. In 2018, the City’s public safety agencies responded to over 53,000 incidents. 115 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 5 Police Department V. Plans Available All consultants will be provided access to the following City of Laguna Beach Plans: Emergency Operations Plan, Local Hazard Mitigation Plan, Evacuation Plan, Evacuation Management Zones (EMZ), Wildland-Urban Interface Fire Response Plans, and GIS Layers of the EMZs. Send an email address to jvillwock@lagunabeachcity.net and you will be given access to these items via Dropbox. VI. Scope of Work The Scope of work for this project is organized into 13 tasks: 1) Kick off meeting; 2) Review existing plans and data; 3) Conduct road survey; 4) Create link-node analysis network; 5) Identify regions and scenarios; 6) Data gathering; 7) Access Impaired Neighborhood; 8) Progress meeting; 9) Conduct Evacuation Time Estimates (ETE); 10) Impacts on ETE; 11) Technical report; 12) Final meeting; ADDITIONAL OPTIONS: 13) Mobile application and website. Task 1: Kick-off Meeting The consultant will be responsible for facilitating a kick-off meeting with key stakeholders, including, but not limited to, state and local (city and/or county) representatives for emergency management agencies, law enforcement, fire department, public works, or other key agencies. The kick-off meeting should include a detailed PowerPoint presentation summarizing the evacuation expertise and the proposed methodology for the study. The presentation must focus on data needed from the key stakeholders and project assumptions. The study area will include the entire City of Laguna Beach, as well as parts of surrounding communities that may also evacuate due to a wildfire and impede the egress of people leaving Laguna Beach. The study will include the pre-existing 22 Evacuation Management Zones (Appendix A). Task 2: Review Existing Plans – Evacuation Plan, Emergency Operations Plan, Alert and Warning Plan, etc. The consultant will review any existing emergency plans (all-hazards and/or wildfire specific) and emergency planning data that City of Laguna Beach, neighboring agencies, or the County of Orange currently has in place. The list of the plans identified in Section V will be provided by the City to all firms preparing proposals. All additional plans will be provided to the consultant after they are awarded the work. These plans will be reviewed comprehensively to ensure that the base evacuation model matches what will be implemented during an emergency as per the plans. Any traffic control points or traffic management tactics identified in the plans will be modeled explicitly to make sure they are efficient and necessary to increase the flow of evacuation. Task 3: Conduct Road Survey The consultant will have experienced traffic engineers conduct a field survey of the roadways within the City of Laguna Beach. The survey must identify key features of the roads that comprise the highway network within the City of Laguna Beach and be conducted by a tablet or computer which can gather data by GPS or GIS software. A video and audio recording of the survey shall be taken. All signal control locations will be identified, as will stop and yield control and other highway 116 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 6 Police Department signage. A representative sampling of traffic signal timings should be taken for pre-timed signals where appropriate. Additionally, all speed advisory signage, grade, horizontal curvature, pavement and shoulder widths shall be estimated. Actual free speeds will be observed, as well as lane usage. Additionally, the consultant should identify narrow streets, time of day streets are heavily parked (beach parking during the day etc.), and resident parking in the neighborhoods at night. Estimates of highway capacity will be based on data compiled during the field survey and by applying the procedures of the 2010 Highway Capacity Manual (HCM). The consultant will use tools such as Google Earth and GIS software for aerial imagery to confirm the number of lanes on each roadway and the locations of the traffic signals. All road surveys shall be approved by the Public Works Department prior to being conducted. Task 4: Create Link-node Analysis Network A detailed computer representation of the roadway system within the study area will be developed which consists of a network defined by nodes which represent intersections and locations where the characteristics of the roadway change (horizontal curve, grade change, add or drop of a lane), and links which represent the sections of roadway between the nodes. The detailed attributes of the physical highway system gathered during Phase 3 shall be input for each link and node such that the link-node analysis network is an exact replica of the roadway network in Laguna Beach. Task 5: Identify Regions and Scenarios The 22 pre-existing Evacuation Management Zones will be reviewed and any suggested improvements from the consultants will be presented to the stakeholders. Shadow evacuation shall also be considered. The potential evacuation of populated areas surrounding the study area and the consumption of available roadway capacity shall also be included. This includes: Laguna Coast Wilderness Park, Crystal Cove State Park, Aliso and Woods Canyon Park along with any additional areas determined by the Project Team. A region is a grouping of Zones to be evacuated. The consultant will consider evacuation of each individual zone, of various regions, and of the entire study at area at once. A scenario is a combination of circumstances, including time of day, day of week, season, special events and weather conditions. Scenarios define the population components, response times for the affected population groups, and applicable highway speeds and capacities. The study shall consider several scenarios to capture the temporal variations in the number of people to be evacuated. All regions and scenarios shall be reviewed with the stakeholders prior to computing any ETE. Task 6: Data Gathering In addition to the permanent resident population, there are several additional groups which must be also included in the data, these groups are as follows: visitor population, Access and Functional Needs groups (medical facilities, schools, daycares, senior facilities, etc.). Additionally, the transit- dependent population (those who do not own or have access to a vehicle) must also be included in the study. The consultant will include an extensive data collection effort to identify major employers, transient attractions, special facilities, transit-dependent population and residents with access and functional needs. Phone calls to specific facilities will be made to gather data in addition to Census 117 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 7 Police Department databases on employment will be accessed. The total demand estimation will be derived for all evacuees by population group, including their vehicles. The summary tables will provide an indication of the total number of people and vehicles to be evacuated from each population group identified in each planning zone. The number of transportation resources available (buses, ride-share services, wheelchair transport, ambulances, etc.) must be estimated and compared with the number of resources needed to evacuate the transit-dependent population, special facilities, and those with access and functional needs. If multiple “waves” of transit vehicles are needed (more resources needed than available), the study will document the time needed to complete the various waves. Any shortfalls in transportation will be identified. Special care must be taken to avoid double-counting. Overestimating the population will result in longer ETE and ineffective planning. Different times of the year (summer vs winter) and time of day should also be considered. Task 7: Access Impaired Neighborhoods The consultant will identify and map access impaired neighborhoods throughout the City of Laguna Beach. These neighborhoods should be identified by single ingress/egress routes, bottlenecking, areas where extremely low traffic flow occur, etc. The consultant will also provide recommendations for safe refuge area options in neighborhoods identified has having access impaired challenges. Additionally, recommendation on evacuation signage (locations, content, size, and frequency) should also be included for both city-wide and just impaired neighborhoods. Task 8: Progress Meeting This meeting will be an opportunity to show the stakeholders the progress to date and make sure everyone comfortable with the direction of the study. This meeting shall be facilitated by the consultant and conducted face-to-face. Task 9: Conduct Evacuation Time Estimate Traffic modeling software will be used to compute the Evacuation Time Estimate (ETE) for the various regions and scenarios. The data gathered in the previous tasks will be input into the software, ETE shall be provided as follows: 1. General population with vehicles 2. Transit-dependent population a. Pedestrians b. Ride-Share depended (i.e. Uber, Lyft, etc.) 3. Special facility population 4. Access and functional needs population 5. Provide a likely time requirement for evacuation of each identified zone or region 6. Identify likely locations of traffic obstruction and estimate delay of travel due to obstruction 7. Identify key locations for deployment of traffic control to achieve nest evacuation result 8. Provide a likely time requirement for 100% evacuation of the City 118 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 8 Police Department 9. Identify locations for evacuated relocation 10. Provide a traffic management plan for repopulation Screen captures from the software will be provided to identify congestion patterns during evacuation and to locate potential bottlenecks. The locations and extent of congestion shall be clearly visible. Sequence snapshots shall be included to display the changing traffic environment over time. The visualizations of traffic congestion are invaluable as they clearly identify bottlenecks during evacuation and provide the starting point for improving evacuation times. Task 10: Impacts on Evacuation Time Estimate The consultant will conduct several ETE sensitivity studies that will consider the impact on ETE of mobilization time, number of evacuating vehicles per household, contraflow, traffic management and shadow evacuation. Including the “what if” scenarios which will assist stakeholders develop a robust emergency plan and test different tactics to reduce evacuation time. For example, if the baseline ETE is 5 hours and wildfire spread modeling indicates that the wildfire will reach the study area in 4 hours, contraflow, traffic control, and other tactics can be tested to see if the baseline ETE can be reduced below 4 hours. A total of 5 “what if” scenarios should be included in the price proposal. The study should also include the potential for roadway closures based on fire spread modeling. For example, if the fire spread model predicts that one part of the study area will be impacted during a given timeframe, the study should include closing the road in the area to review the impacts to ETE. Additional questions must be answered where ever necessary, such as – Can we use the shoulder as an additional evacuation lane? Can we bring transportation in and evacuate by bus quicker in areas? Is pedestrian evacuation feasible? Is establishing a Temporary Refuge Area a solution? Shall be answered where ever necessary. Task 11: Technical Report A technical report which will document the demand estimation methodology and results, the highway capacity estimation, the survey results, the mobilization time distributions and the computed ETE in tabular and graphic format shall be completed. Appendices will present a description of the traffic simulation and trip distribution and assignment algorithms in the traffic modeling software. The draft report will be provided to the stakeholders for review and comments. All comments will be addressed and incorporated into the final deliverable. Task 12: Final Meeting This meeting will be facilitated by the consultant to present all the information and produce the final report to stakeholders. Additional Options: This should be priced separately. Task 13: Mobile Application and Website Development An emergency planning website and mobile application (app) will be developed to provide the public with vital emergency planning information in an interactive format. Features of these 119 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 9 Police Department solutions shall include: o Use the phone or computer’s GPS to identify: o Which zone the person is currently in; o Where the nearest shelter or temporary refuge area is; o Which evacuation route(s) to use to evacuate the area at risk o Provide preparedness information o Provide important contact information o Provide a form to register as a person with access and functional needs o Information on evacuation of schools, daycares, medical facilities, etc. o Provide all rights and access to edit/modify the information on both the website and mobile application. o Include all future updates on for both website support and mobile application. o Include other information requested by stakeholders. VII. Contents of Proposal The City does not require consultants to prepare proposals in any particular format. It is anticipated that consultants develop their own proposals in a manner best suited to represent their particular organization. However, all requirements and items listed in this RFP must be addressed and confirmed. Proposals shall be concise and not exceed twenty-five (25) pages excluding covers and resumes. Consultants are discouraged from using general company advertising literature such as brochures, unless directly related and referenced in the proposal. Proposals shall include, at minimum, the following: a. Understanding - Consultant shall discuss their understanding of the requested services as described in this document. b. Project Team – Consultant shall prepare a Project Organization Chart showing the relationship between each team member and subconsultants, and communication lines with City Project Manager/Emergency Operations Coordinator. Consultant shall include one-page resumes of key project personnel. Resumes shall be included in the proposal appendices. c. Include a written statement acknowledging that the individuals included in the Project Organization Chart will perform the work and that team members will not be replaced or removed from the team without written approval from the City. d. Project Experience – Consultant shall provide descriptions of previous projects completed by the firm’s current employees of similar type, size and scope. Projects shall include date of completion and client reference information. e. Project Approach – Consultant shall provide a write-up on how they propose to meet the project objectives, any anticipated problems that may be encountered, and how each problem will be addressed. Consultants shall state any assumptions made for their proposal. f. Project Schedule - Include a detailed preliminary design schedule incorporating all anticipated milestone dates, meetings, and document review periods. g. Project Cost - Shall include all incidentals and per diem charges. No additional reimbursement will be provided for incidentals and/or per diems such as mileage, miscellaneous fees, prints, 120 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 10 Police Department lodging, insurance, meals or mark-ups. A detailed cost proposal to include milestones and deliverables shall be outlined in the scope of work”. h. Acceptance of City Standard Consultant Service Agreement - A copy of the City’s Standard Consultant Services Agreement and General Provisions is included in the Appendix for review. The Consultant is required to obtain and maintain coverage for the listed insurance policies throughout the project. The Consultant shall state whether or not they agree to the contract language and should identify any discrepancies. VIII. Addendum All responses to RFI’s will be provided to Consultant electronically via addendum. The Consultant shall note on the proposal cover letter acknowledgement and agreement to all addend a issued by the City. IX. Contract Award Selected Consultant shall enter into a written contract with the City of Laguna Beach binding all terms and conditions of the proposal and items negotiated prior to award of contract. Contract period shall be for the entire duration of the project unless modified. X. Proposal Development By submitting a proposal, the Consultant agrees that the costs to prepare and submit a proposal will be the responsibility of the Consultant. XI. Non-Obligation This Request for Proposal (RFP) shall not be construed to create an obligation on part of the City of Laguna Beach to enter into a contract with a Consultant. The RFP is for solicitation of proposals only. The City reserves the right to reject any and all proposals or to accept the proposal that, in the supposition of the City, is of most value. XII. Selection Criteria The City will evaluate proposals based on the Consultant’s response to all items of this RFP. The following serves to list some of the criteria that may be used in the evaluation and comparison of proposals as well as the importance of each selection criteria. a. Project Understanding (5%) b. Qualifications of the Project Team (15%) c. Relative Project Experience (15%) d. Project Approach and Proposal Contents (50%) e. Proposed Cost (15%) XIII. Selection Procedures Proposals will be thoroughly reviewed by City of Laguna Beach staff and evaluated specifically on proposal content. Should the need arise, the City will conduct interviews with the top three 121 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 11 Police Department prospective firms prior to selection. Compensation and rates discussed with Consultants will not be disclosed to other candidates. When the final selection is made and all terms of the contract have been established, a recommendation of award will be made to City Council. The Selection Committee will then be convened to review and discuss these evaluations and to make a recommendation as to which firm will be invited to negotiate the final fee for the upcoming inspection services and project report preparation. XIV. Schedule The following dates are estimates. The City shall not be held responsible for any changes in the schedule shown below. Any schedule change affecting the RFP submittal will be distributed via addendum. a. Advertisement of RFP July 31, 2019 b. RFI Due Date August 7, 2019 c. Proposals Due August 14, 2019 d. Interviews (If necessary) September 3, 2019 e. City Council Approval Late September 2019 f. Contract Execution Early October 2019 g. Notice to Proceed Early October 2019 122 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 12 Police Department APPENDICES A. Evacuation Management Zones B. City of Laguna Beach Standard Consultant Services Agreement C. City of Laguna Beach General Provisions 123 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 13 Police Department APPENDIX A Evacuation Management Zones (EMZ) 124 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 14 Police Department 125 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 15 Police Department 126 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 16 Police Department 127 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 17 Police Department 128 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 18 Police Department 129 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 19 Police Department 130 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 20 Police Department 131 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 21 Police Department 132 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 22 Police Department 133 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 23 Police Department 134 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 24 Police Department 135 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 25 Police Department 136 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 26 Police Department 137 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 27 Police Department 138 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 28 Police Department 139 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 29 Police Department 140 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 30 Police Department 141 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 31 Police Department 142 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 32 Police Department 143 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 33 Police Department 144 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 34 Police Department 145 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 35 Police Department 146 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 36 Police Department APPENDIX B CONSULTANT SERVICES AGREEMENT FOR Evacuation Time Estimate Study THIS AGREEMENT is made and entered into this _______ day of , 2___ by and between the City of Laguna Beach, a Municipal Corporation, hereinafter referred to as the “CITY,” and , hereinafter referred to as “CONSULTANT.” RECITALS WHEREAS, the CITY desires to engage CONSULTANT to render certain professional services as more fully identified in Appendix A, Scope of Services, attached hereto and included herein; WHEREAS, CONSULTANT is qualified and agreeable to render the professional services desired by the CITY; NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed and intending to be bound hereby, the parties hereto do mutually agree as follows: PART I FUNDAMENTAL TERMS Article 1. Engagement of CONSULTANT The CITY hereby agrees to engage CONSULTANT to perform the professional services as hereinafter set forth, and CONSULTANT agrees to perform those services in accordance with the terms and conditions of this Agreement. Article 2. Scope of Services In compliance with all terms and conditions of this Agreement, CONSU LTANT shall perform all work necessary to complete, in a manner satisfactory to the CITY, the services described and set forth in Appendix A, Scope of Services, attached hereto and by reference incorporated herein and made a part hereof. Article 3. Time of Performance The services of CONSULTANT are to commence within ( ) days after this Agreement has been approved by the CITY and the CITY has authorized work to start by the written issuance of a Notice to Proceed. The services of CONSULTANT shall be completed by ______________. Article 4. Payment and Limitation of Cost The CITY shall compensate CONSULTANT for services performed under Article 2, as further defined in Appendix A, in accordance with the following schedule: 147 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 37 Police Department In order to receive payments, CONSULTANT shall submit to the CITY an invoice. The invoice will delineate the services performed with specificity, the amount invoiced to date, and such other documentation as may be necessary or requested by the CITY to demonstrate that appropriate progress has been made toward completion of the services. Adjustments of total cost of services by up to 10% of the original contract amount will be permitted when CONSULTANT establishes, and the CITY agrees in writing, that there has been, or is to be, a significant change in: a. The scope, complexity or character of the services to be performed; b. the conditions under which the work is required to be performed; or c. the duration of work if the change from the time period specified in this Agreement for completion of the work warrants such adjustment in accordance with Part II, Section 3, Paragraph 3.13, Extension of Time for Delay. Article 5. Attachments The provision set forth in Part II, General Provisions, and Appendix A, “Scope of Services,” are by reference incorporated herein and made a part hereof. Article 6. Integration This Agreement represents the entire understanding of the CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 148 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 38 Police Department IN WITNESS WHEREOF, persons executing this Agreement warrant and represent that they are authorized to do the same on behalf of the parties hereto and are authorized to bind those parties to the terms and conditions of this Agreement. CITY OF LAGUNA BEACH By John Pietig, City Manager ATTEST: Lisette Chel-Walker, City Clerk CONSULTANT By Title Address_______________________________ ______________________________________ ______________________________________ 149 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 39 Police Department APPENDIX C GENERAL PROVISIONS SECTION ONE: SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, CONSULTANT shall perform all work necessary covered by this Agreement in a manner satisfactory to the CITY. This Agreement includes the services described and set forth in Appendix A, Scope of Services, attached hereto and by reference incorporated herein and made a part hereof, which may be referred to as “services.” 1.2 Changes and Additions to Scope of Services. The CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said services. No payment for extra services caused by a change in scope or complexity of work shall be made, unless and until such extra services and a price therefore have been authorized in writing and approved by the CITY. Such written approval shall set forth the changes of work, extension of time for preparation, and adjustment of the fee to be paid by the CITY to CONSULTANT. No claim for said additional work shall be made unless such additional work has been specifically authorized in writing by the CITY. 1.3 Specifications. All specifications, manuals, or standards, either attached to this Agreement or incorporated herein by reference, are deemed to be the version in effect as of the date of this Agreement and are binding as to the performance of the work in this Agreement unless they are changed by written amendment and this Agreement is modified in writing to incorporate such changes. Any changes are subject to CITY approval. 1.4 Standard of Performance. CONSULTANT hereby represents and warrants that it has the experience necessary to undertake the services to be provided herein. In light of such status and experience, CONSULTANT hereby covenants that it shall follow customary good professional standards in performing all services required hereunder and shall perform all work in a manner reasonably satisfactory to the CITY. CONSULTANT shall be responsible to ensure that all work performed, including by its employees if any, is performed to the standards set forth in this Agreement and that such work complies with the requirements of appropriate governmental agencies and applicable laws ordinances, codes and regulations of the federal, state and local governments in effect at the time such services are performed. Notwithstanding any other provision herein, CONSULTANT agrees to perform all work to the satisfaction of the CITY within the time specified. If the CITY reasonably determines that the work is not satisfactory, the CITY shall have the right to take appropriate action, including but not limited to: (i) meeting with CONSULTANT to review the quality of the work and resolve matters of concern; (ii) requiring CONSULTANT to repeat unsatisfactory work at no additional charge until it is satisfactory; (iii) suspending the delivery of work to CONSULTANT for an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as hereinafter set forth. 1.5 Licenses, Permits, Fees and Assessments. CONSULTANT shall obtain at its sole cost and expense all licenses, permits, and approvals that may be required by law for the performance of the services required by this Agreement. CONSULTANT shall have the sole obligation to pay any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for 150 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 40 Police Department CONSULTANT's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless the CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against the CITY thereunder. 1.6 Personnel. CONSULTANT represents that it employs, or will employ, at its own expense, personnel required in performing the services required under this Agreement. All of the services required hereunder will be performed by CONSULTANT and all personnel engaged in the work shall be fully qualified and be authorized or permitted under state and local law to perform such services. This Agreement contemplates the personal services of CONSULTANT and CONSULTANT's employees, and it is recognized by the parties hereto that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and CONSULTANT's employees. Neither this Agreement nor any interest therein may be assigned by CONSULTANT, except upon written consent of the CITY. 1.7 Prohibition Against Subcontracting or Assignment. CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY, and excepting any services identified in Appendix A, Scope of Services, and excepting minor incidental services including, but not limited to couriers and reprographics services. In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. In the event of any unapproved transfer, the CITY may void the Agreement at the CITY’s option in its sole and absolute discretion. SECTION TWO: INSURANCE 2.1 Insurance. Without limiting CONSULTANT's indemnification obligations, CONSULTANT shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives, employees, and/or subconsultants. In the event that CONSULTANT subcontracts any portion of the work in compliance with this Agreement, the contract between CONSULTANT and such subconsultant shall require the subconsultant to maintain the same policies of insurance that CONSULTANT is required to maintain pursuant to this Section 2.1. If the existing policies do not meet the Insurance Requirements set forth herein, CONSULTANT agrees to amend, supplement or endorse the policies to do so. 2.1.1 Insurance Coverage Required. The policies and amounts of insurance required hereunder shall be as follows: (1) General Liability Insurance. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 including completed operations, with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for liability arising out of CONSULTANT's performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, then the aggregate shall be double then each occurrence limit. (2) Automobile Liability Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $1,000,000 annual aggregate. The limits shall be provided by either a 151 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 41 Police Department single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto." (3) Workers' Compensation Insurance. Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. Said insurance shall cover all employees of CONSULTANT providing any service in the performance of this agreement. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement unless CONSULTANT’s insurance carrier is the State of California Insurance Fund (SCIF) and the endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. Workers’ Compensation is not required for sole proprietors or a partnership with no employees. However, for sole proprietors or a partnership, CONSULTANT must complete a “Workers’ Compensation Declaration.” This form may be obtained from the CITY staff. (4) Professional Liability Insurance. Professional Liability Insurance with minimum limits of $1,000,000 each claim. Covered professional services shall include all work performed under this Agreement and delete any exclusion that may potentially affect the work to be performed. 2.1.2 Evidence of Insurance. CONSULTANT, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that s uch insurance coverage has been renewed or extended shall be filed with the CITY. If such coverage is cancelled or reduced, CONSULTANT shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the CITY evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Original, signed insurance certificates and endorsements must be sent via email from CONSULTANT's insurance broker/agent to the CITY. The CITY project title or description MUST be included in the "Description of Operations" box on the certificate. Certificate Holder: City of Laguna Beach, California 2.2 Endorsements. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been approved by the City in writing. 2.2.1 The insurance coverage required by Section 2.1.1 Commercial General Liability shall contain the following provisions or be endorsed to provide the following: Additional Insured: The CITY, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not: 1. Exclude “Contractual Liability;” 2. Restrict coverage to the “Sole” liability of CONSULTANT; 152 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 42 Police Department 3. Exclude “Third-Party-Over-Actions;” and 4. Contain any other exclusions contrary to the Agreement. Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 2.2.2 The policy or policies of insurance required by Section 2.1.3 Workers’ Compensation shall be endorsed as follows: Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. 2.2.3 Any deductible in excess of $50,000 and/or Self-Insured Retentions must be approved in writing by the CITY. 2.2.4 Acceptable Insurance. Each policy shall be from a company with current A.M. Best's rating of A VII or higher and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus lines brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by the CITY. 2.2.5 Insurance of Subconsultants. CONSULTANT shall be responsible for causing subconsultants to maintain the same types and limits of coverage in compliance with this Agreement, including naming the CITY as an additional insured to the subconsultants’ policies. 2.3 Notice of Cancellation. Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the CITY; except twelve (12) days written notice of cancellation shall be provided for non-payment of premium. 2.4 Other Insurance. Such other policies of insurance as may be required in the Special Provisions attached hereto. 2.5 Contractual Liability. Notwithstanding any other provision herein, the coverage provided shall also apply to the obligations assumed by CONSULTANT under the indemnity provisions of this Agreement. 2.6 Claims Made Policies “aka: Tail Coverage.” If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effect ive date of the initial Agreement with the CITY and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Upon expiration or termination of coverage of required insurance, CONSULTANT shall procure and submit to the CITY evidence of “tail” coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that all work under this Agreement is completed. 2.7 Waiver of Subrogation. Required insurance coverages shall not prohibit CONSULTANT from waiving the right of subrogation prior to a loss. CONSULTANT shall waive all rights of subrogation against the indemnified parties and policies required under this Agreement shall contain or be endorsed to contain such a provision. 153 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 43 Police Department 2.8 Failure to Maintain Coverage. CONSULTANT agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the CITY and provide the CITY written notice of the same within 24 hours of suspending and ceasing all operations. The CITY shall have the right to withhold any payment due CONSULTANT until CONSULTANT has fully complied with the insurance provisions of this Agreement. In the event that CONSULTANT’S operations are s uspended for failure to maintain required insurance coverage, CONSULTANT shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. Failure to maintain the required insurance coverage shall consti tute good cause for termination. SECTION THREE: INDEMNIFICATION 3.1 Indemnification. To the full extent allowed by law, CONSULTANT shall indemnify, defend with counsel acceptable to the CITY, and hold harmless the CITY and its officers, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all liability, loss, damage, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with CONSULTANT's performance of the services provided under this Agreement or its failu re to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of the CITY. 3.1.1 CONSULTANT's obligation to defend and indemnify shall not be excused because of CONSULTANT's inability to evaluate Liability or because CONSULTANT evaluates Liability and determines that CONSULTANT is not liable to the claimant. CONSULTANT must respond within 30 days to the tender of any claim for defense and indemnity by the CITY, unless this time has been extended by the CITY. If CONSULTANT fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due CONSULTANT under and by virtue of this Agreement as shall reaso nably be considered necessary by the CITY, may be retained by the CITY until disposition has been made of the claim or suit for damages, or until CONSULTANT accepts or rejects the tender of defense, whichever occurs first. 3.1.2 With respect to third party claims against CONSULTANT, CONSULTANT waives any and all rights of any type to express or implied indemnity against the Indemnitees. 3.1.3 Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, such duties of CONSULTANT to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 3.1.4 Notwithstanding the foregoing, to the extent that this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of CONSULTANT to indemnify shall only be to the full extent permitted by Civil Code Section 2782.8. 3.1.5 If any term of portion of this Section 2.9 is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, said section shall be interpreted to allow the broadest indemnity permitted by law. 154 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 44 Police Department SECTION FOUR: LEGAL RELATIONS AND RESPONSIBILITIES 4.1 Independent Consultant. It is expressly understood that in the performance of the services under the Agreement, CONSULTANT shall be, and is, an independent CONSULTANT, and is not an agent or employee of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise, or a joint venturer, or a member of any joint enterprise with CONSULTANT. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the CITY. CONSULTANT has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting CONSULTANT in the performance of required services. CONSULTANT shall be solely responsible and hold the CITY harmless for all matters relating to the payment of CONSULTANT’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. Neither CONSULTANT nor any of CONSULTANT’s employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement or other fringe benefits from the CITY; and neither the CITY nor any of its employees shall be paid by the CITY time and one-half for working in excess of forty (40) hours in any one week. Neither CONSULTANT nor any of CONSULTANT’s employees shall be included in the competitive service, have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement. 4.2 Non-Discrimination and Equal Employment Opportunity. During its performance under this Agreement, CONSULTANT agrees as follows: 4.2.1 Equal Employment Opportunity. In connection with its performance under this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, sexual orientation, AIDS or AIDS -related symptoms (including HIV positive findings), physical disability, mental disability, mental condition, family care leave, sexual orientation, ancestry or national origin. Actions encompassed by this prohibition shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment, or recruitment advertising; layoff or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.2.2 Sanctions for Noncompliance. In the event of CONSULTANT’s noncompliance with the non - discrimination provisions of this Agreement, CONSULTANT agrees that the CITY shall be authorized to impose such sanctions or penalties as the CITY may determine to be appropriate, including, but not limited to 1) withholding of payments to CONSULTANT hereunder until CONSULTANT complies with all applicable requirements and obligations, and/or 2) cancellation, termination or suspension of the Agreement, in whole or in part. 4.3 Proprietary Information. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of CONSULTANT. All proprietary information developed specifically for the CITY by CONSULTANT in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material or software programs, but not including CONSULTANT’s underlying materials, software, or know-how, shall be the sole and exclusive property of the CITY, and are confidential and shall not be made available to any person or entity without the prior written approval of the CITY. CONSULTANT agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of CONSULTANT’s services under this Agreement. CONSULTANT further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, 155 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 45 Police Department the performances of services by CONSULTANT under this Agreement shall be made to the CITY, and that CONSULTANT shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by the CITY. 4.4 Use of Patented Materials. CONSULTANT shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by CONSULTANT under this Agreement. CONSULTANT shall indemnify, defend, and save the CITY harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials. 4.5 Retention of Funds. CONSULTANT hereby authorizes the CITY to deduct from any amount payable to CONSULTANT (where arising out of the Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the CITY for any losses, costs, liabilities or damages suffered by the CITY, and all amounts for which the CITY may be liable to third parties, by reason of CONSULTANT’s negligent acts, errors, or omissions, or willful misconduct in performing or failing to perform CONSULTANT’s obligations under this Agreement. The CITY in its sole and absolute discretion, may withhold from any payment due to CONSULTANT, without liability for interest, an amount sufficient to cover such claim or any lien. The failure of the CITY to exercise such right to deduct or withhold shall not act as a waiver of CONSULTANT’s obligation to pay the CITY any sums CONSULTANT owes the CITY. 4.6 Termination for Convenience of the CITY. The CITY may terminate this Agreement at any time by giving written notice of CONSULTANT of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the CITY, become the CITY’s property. If this Agreement is terminated by the CITY as provided herein, then CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of CONSULTANT covered by this Agreement, less payments of compensation previously made. 4.7 Termination of Agreement for Cause. In addition to the CITY’s rights under Section 3.6, the CITY may, subject to the provisions of Paragraph 3.7.2, by written notice to CONSULTANT, terminate the whole or any part of this Agreement in any of the following circumstances: (1) if CONSULTANT fails to perform the services called for by this Agreement within the time(s) specified herein or any extension thereof; or (2) if CONSULTANT fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days (or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. 4.7.1 In the event the CITY terminates this Agreement in whole or in part as provided in this section, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those described in this Agreement. 4.7.2 Except with respect to defaults of subconsultants, CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of CONSULTANT. Such causes may include, but are not res tricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather; but in every case, the failure to perform must be beyond the control of, and without the fault or negligence of CONSULTANT. 156 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 46 Police Department 4.7.3 Upon receipt of notice of termination from the CITY, CONSULTANT shall immediately stop its services, unless otherwise directed, and deliver to the CITY all data, drawing, reports, estimates, summaries and such other information and materials as may have been accumulated by CONSULTANT in the performance of this Agreement, whether completed or in process. Upon termination, CONSULTANT shall be paid the value of the work performed, less payments of compensation previously made. 4.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing. 4.9 Legal Actions. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted or maintained in the Municipal and Superior Courts of the State of California in the County of Orange, or in any other appropriate court with jurisdiction in such County, and CONSULTANT agrees to submit to the personal jurisdiction of the court. If any claims related to the performance hereunder be asserted against either party hereto, then the party claimed against shall receive reasonable assistance from the other. 4.10 Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any rights or remedies for the same default or any other default by the other party. 4.11 Attorneys’ Fees. In any action between the parties hereto seeking enforcement of any of the terms of provisions of this Agreement or in connection with the performance of the work hereunder, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to have and recover from the other party its reasonable costs and expenses, including, but not limited to, reasonable attorneys’ fees, expert witness fees and courts costs. If either party to this Agreement is required to initiate or defend litigation with a third party because of the violation of any term or provision of this Agreement by the other party, then the party so litigating shall be entitled to its reasonable attorneys’ fees and costs from the other party to this Agreement. 4.12 Jurisdiction. This Agreement shall be interpreted in accordance with the statutes and laws of the State of California, the City of Laguna Beach and any other government agency applicable to the subject of this Agreement and the performance hereunder. 4.13 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the CITY shall be personally liable to CONSULTANT, or any successor in interest, in the event of any default or breach by the CITY, or for any amount which may become due to the CITY or its successor, or for breach of any obligation of terms of this Agreement. 4.14 Extension of Time for Delay. 4.14.1 If the work is delayed at any time by reason of a suspension ordered by the CITY or because of any other act of the CITY, or because of neglect by the CITY without contributory fault or neglect on th e part of CONSULTANT, or if the work should be delayed at any time by reason of strikes, acts of God, the public enemy, acts of the CITY, fire, floods, epidemics, quarantine restrictions, freight embargoes, abnormal force, violence of the elements, 157 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 47 Police Department or for any other unforeseen cause beyond the control and without the fault or negligence of CONSULTANT, or for any other reason which in the opinion of CONSULTANT is proper justification for such delay, then CONSULTANT shall be entitled to an extension of time equivalent to the time actually lost by such delay. 4.14.2 CONSULTANT shall file a written request with the CITY for extension of time within ten (10) days following the beginning of such delay, and failure to do so shall constitute a waiver thereof, provided that in case of a continuing cause of delay, only one claim will be necessary. The CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judg ment of the CITY such delay is justified. The CITY’s determination shall be in writing and be final and conclusive upon the parties to this Agreement. 4.14.3 A request for an extension of time or the granting of an extension of time shall not constitute a basis for any claim against the CITY for additional compensation. CONSULTANT shall be deemed to have waived any claims for additional compensation and does hereby so waive any such claims unless he shall, at the time of filing a request for an extension of time, likewise file a claim for additional compensation on account of such delay. 4.15 Interests of Members of the CITY and Others. To the extent prohibited by applicable law, no officer, member or employee of the CITY and no member of its governing body nor other public official of the governing body of the locality or localities in which the work pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall (1) participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership, or association in which he or she has, directly or indirectly, any interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof during his or her tenure or for one year thereafter. 4.16 Interest of CONSULTANT. CONSULTANT hereby covenants that it has, at the time of the execution of this Agreement, no interest, and that it shall not acquire any interest in the future, direct or indirect which would conflict in any manner or degree or be inconsistent with the performance of services required to be performed pursuant to this Agreement. CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed. 4.17 Covenant Against Contingent Fees. CONSULTANT warrants that it has not employed or retained any company or person to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the making of this Agreement. In the event of a breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the compensation or consideration due CONSULTANT, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts or contingent fee. 4.18 Compliance with California Unemployment Insurance Code Section 1088.8. If CONSULTANT is a Sole Proprietor, then prior to signing the Agreement, CONSULTANT shall provide to the CITY a completed and signed form W-9, Request for Taxpayer Identification Number and Certification. CONSULTANT understands that pursuant to California Unemployment Insurance Code Section 1088.8, the CITY will report the information from Form W-9 to the State of California Unemployment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes. 158 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 48 Police Department SECTION FIVE: MISCELLANEOUS PROVISIONS 5.1 Records and Audits. CONSULTANT shall maintain complete and accurate records with respect to services performed (including, but not limited to, the identity of the person doing the work, a description by date and person of the work performed, and the amount of time expended on such work) and costs incurred under this Agreement. CONSULTANT shall also maintain its records supporting its cost proposals used and relied on to enter into this Agreement. CONSULTANT shall maintain records to show actual time and allowable costs with respect to each task set forth in the “Scopes of Services.” All such records shall be maintained on a generally accepted accounting basis and shall be clearly identifiable. CONSULTANT shall submit to the CITY such progress reports and final reports in the manner and tim e set forth in Appendix B attached hereto and by reference incorporated herein. The final report and CONSULTANT’s work product shall become the property of the CITY. All records required to be maintained hereunder shall be maintained by CONSULTANT for a period of five (5) years. 5.2 Access to Records. The CITY shall have access, upon reasonable notice, to the books and records of CONSULTANT related to CONSULTANT’s performance of this Agreement in the event any audit is required. CONSULTANT shall allow inspection of all work data, documents, proceedings and activities related to the Agreement, and CONSULTANT’s performance hereunder, for a period of one (1) year from the date of final payment under this Agreement. 5.3 Ownership of Records. All drawings, original documents, methodological explanations, computer programs, designs and reports and other materials prepared by CONSULTANT in this performance of this Agreement (i) shall be the property of the CITY and shall be delivered at no cost to the CITY upon request of the CITY or upon the termination of this Agreement in accordance with accepted standards relating to public contracts, and (ii) are confidential and shall not be made available to any individual or entity without prior written approval of the CITY. Any additional copies will be the responsibility of the CITY. 5.4 Notices. Unless otherwise provided herein, any notices required to be given under the Agreement shall be in writing with copies as directed herein and shall be personally delivered, or delivered by Unit ed States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a mail document delivery service shall be effective upon receipt. Any notice given by mail shall be deemed to have been given when deposited in the United States mails certified and postage prepaid, addressed to the party to be served as follows: To CITY: City of Laguna Beach Attn: Jordan Villwock 505 Forest Avenue Laguna Beach, CA 92651 Notices to CONSULTANT shall be delivered to the address set forth below CONSULTANT’s signature on Part I of this Agreement. Changes in the address to be used for receipt of notices shall be effected in accordance with this Section 4.4. 159 RFP – Evacuation Time Estimate Study City of Laguna Beach Page 49 Police Department 5.5 Severability. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, then the remainder of this Agreement shall continue in full force. 5.6 Authority. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 5.7 Construction and Amendment. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The headings of sections and paragraphs of this Agreement are for convenience or reference only, and shall not be construed to limit or extend the meaning of the terms, covenants and conditions of this Agreement. This Agreement may only be amended by the mutual consent of the parties by an instrument in writing. 5.8 Extent of Agreement. This Agreement represents the entire integrated agreement between the CITY and CONSULTANT and supersedes all prior negotiations, representations of agreements, either written or oral. This Agreement may not be modified or amended except by a writing signed by both the CITY and CONSULTANT. 5.9 Special Provisions. Any additional or supplementary provisions or modifications or alterations of these General Provisions shall be set forth in Part III of this Agreement (“Special Provisions”). 5.10 Precedence. In the event of any discrepancy between Part I (“Fundamental Terms”) and Part II (“General Provisions”), Part II shall take precedence and prevail over Part I. Part III shall take precedence and prevail over Part I and Part II. 5.11 Compliance with Laws. CONSULTANT warrants and represents to CITY that it shall comply with all applicable statutes, standards, rules, and regulation required by Federal, State, and local agencies, including compliance with CAL/OSHA requirements as may be applicable. 160 Agenda Item No.: 10.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:DRAFT OF CITY ORDINANCE IMPLEMENTING SENTATE BILL (SB) 9. DATE:October 25, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive report from City Attorney. ATTACHMENTS: 161 Agenda Item No.: 11.A Mtg. Date: 10/25/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:EMPLOYEE PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957, TITLE CITY MANAGER. DATE:October 25, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 162